Bail granted to accused with mere presence at scene via CCTV and no specific role, as investigation complete, most witnesses examined, no prior cases, local resident, parity with co-accused, and conditions imposed to prevent tampering.

JUDGMENT :
Virender Singh, Judge

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Amit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.1 of 2025, dated 01.01.2025, registered under Sections 103 (1), 3(5), 115(2) & 117 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘’), with Police Station, Dalhousie, District Chamba, H.P.

2. According to the applicant, he is innocent person and has been made a scapegoat, in the present case, or neither, his name figures as aggressor nor, as an accompanist for the commission of the alleged crime.

3. It is the case of the applicant that in the investigation nothing incriminating has come against him.

4. As per the applicant, till date, almost all the relevant witnesses have been examined and none of the witnesses had deposed against him.

5. According to the applicant, he had earlier tried his luck by moving similar bail application, before the Court of learned Sessions Judge, Chamba, District Chamba, Himachal Pradesh. However, the same was dismissed vide order dated 12.08.2025.

6. As per the stand of the applicant, the applicant is in judicial custody and custodial interrogation of the applicant is no longer required by the Police.

7. It is also the case of the applicant that no useful purpose would be served, by keeping him in the judicial custody, that too, for the indefinite period.

8. The learned counsel for the applicant, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail.

9. On the basis of the above facts, a prayer has been made to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 01.01.2025, Constable Vijay Kumar, who was posted as driver with the Dy.SP, telephonically informed Police Station Dalhousie, about the fact, that near Hotel Nature Valley, Banikhet, two persons, were lying injured and number of persons had gathered there. The said persons allegedly sustained injuries in a scuffle. As per the informant, the injured have been taken to Bekunth Bathri Hospital, upon which, ASI Vivek Sharma, along with other police officials, reached at Hotel Nature Valley near Banikhet, where, on the spot, the then, Dy.SP Shri Hemant Thakur, along with other police officials, Inspector SHO Jagveer Singh was also present. Thereafter, on inquiry, employee of the Hotel, Subhash Kumar S/o Prakash Chand, made a statement to the ASI Vivek Sharma, disclosing therein, that he is resident of village Kandi, P/o Dalhei, Tehsil Salooni. From the last three years, he is working as Senior Steward in Hotel Nature Valley, Banikhet.

10.1. On 31.12.2024, a dance and dine event was organized for the guests in Hotel Nature Valley, on the occasion of new year. The arrangement of the function was made in the Banquet Hall of ground floor of the Hotel. On 31.12.2024, the party had started at 9:30 PM. The guests were dancing on the music at about 11:00 PM and the guests had returned back to their rooms, after having their dinner. On the same day i.e. 31.12.2024, General Manager of Hotel Nature Valley, Rajinder Malhotra also apprised the complainant, orally that few staff members will also join the party and requested the complainant to receive them.

10.2. It is the further case of the police that when, the guests have gone back to th