Bail granted where investigation complete, no convictions despite multiple prior cases, parity with co-accused, and prolonged custody constitutes pre-trial punishment.

The applicant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of Case FIR No. 47 of 2025, dated 18.7.2025, registered under Sections 331 (4), 305, 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the ’), registered with Police Station, Pachhad, District Sirmour, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case.

3. According to the applicant, Police could not collect any evidence to connect him with the crime in question.

4. Applicant Noor Mohammad has tried his luck, by moving bail application, before the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the same was dismissed, on 27.9.2025. Thereafter, the applicant has approached this Court by way of Cr. MP(M) No. 2559 of 2025, however, the same was dismissed, vide order dated 14.11.2025.

5. By way of Cr. M.P. No. 581 of 2026, the applicant has given the details of the cases, registered against him.

6. The relief has also been sought on the ground of parity as his co-accused namely, Laldeen and Abdul Farukh have already been released on bail, vide order dated 14.11.2025, passed by this Court in Cr. M.P. (M) No. 2397 of 2025, titled as, ‘ Lal Deen versus State of H.P. and Cr. M.P.(M) No. 2535 of 2025, titled as, ‘ Abdul Farukh versus State of H.P. ’

7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.

8. On these submissions, a prayer has been made to allow the bail application.

9. When, put to notice, the Police has filed the status report, disclosing therein, that on 18.7.2025, complainant Sanjeev, S/o Om Prakash, telephonically informed the Police that he is running a Jewellery shop, under the name and style of ‘Ratra Jewellers’, at Naina Tikker, and the locks of his shop were broken by someone, in the intervening night of 17.7.2025/18.7.2025.

9.1 On the said information, H.C. Biram Pal No.498, alongwith other police officials, reached at the spot, where, complainant moved the complaint, disclosing therein, that on 17.7.2025, at about 9:00 p.m., he closed down his shop, and on 18.7.2025, at about 6:25 a.m., his neighbor Aditya telephonically informed him that shutter of his shop has been partially opened, and inquired him as to whether he has opened the same, upon which, he replied in the negative, and reached at the spot.

9.2 On the spot, he noticed that some unknown person has broken the locks of his shop and shutter was opened. Both the locks were not there on the shutter. Lock over the toughened glass partition was also found broken. In the shop, one Genti (pickaxe) without handle was found. When, the complainant entered the shop, he found that about 50 grams gold and 5 kg silver was stolen. When, he checked the CCTV footage cameras installed there, he found that on 18.7.2025, at about 3:40 a.m., two persons were committing theft in his shop. Later on, he came to know about the fact that in the adjoining general store also, owned by one Nirmala Rajput, locks have been broken. The persons, who had committed theft, were seen with covered faces, as such, complainant could not identify them.

9.3 On the basis of above facts, the complainant has prayed that action be taken against the thieves, upon which, FIR in question was registered and Police machinery swung into motion.

9.4 The I.O. vis