Bail cannot be denied as pre-trial punishment; the presumption of innocence remains until proven otherwise.

Virender Singh, Judge

Apprehending his arrest, in case FIR No.84/2025 dated 13.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 109 , 115(2), 352 and 117(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), with Police Station Nalagarh, District Solan, H.P., applicant-Vijay Kumar has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Nalagarh, District Solan, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

3. According to the applicant, FIR in question has been registered against him on the basis of false and concocted facts, as, according to him, it is the applicant, who was the victim and was attacked by Gurmeet Singh @Bhau, along with the complainant and 15 other persons.

4. As per the applicant, he is having deep roots in the society and in case, he is disentitled from any relief, it would cause prejudice to his reputation.

5. The FIR in question is stated to have been registered against the applicant by the complainant, in order to settle his personal vendetta.

6. The applicant has further pleaded that he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, Himachal Pradesh, however, the same was dismissed, on the basis of false police report, vide order dated 10.04.2025.

6.1. Thereafter, the applicant had moved bail application, bearing CrMP(M) No.909 of 2025, before this Court. However, the said application was also dismissed, vide order dated 28.04.2025, on the basis of status report, wherein, it was mentioned that the offence, involved in the present case, under Section 117 (2) of the BNS , is bailable one. However, when, the applicant approached the police, through his counsel, for furnishing bail bonds, then, the police said that they would arrest the applicant, under Section 109 of BNS , which, according to the police, has not been deleted, in the present case.

7. On the basis of above facts, Dr. Rajesh Kumar Parmar, learned counsel, appearing for the applicant, has given certain undertakings, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the I.O./police of PS Nalagarh, in this case.

8. Vide order dated 02.05.2025, State was directed to file the status report.

9. As per the status report, which has been filed on 02.05.2025, on 12.03.2025, one Gurpreet, from Mobile No.97366-09992, has tried to talk with SHO, Police Station Nalagarh. However, the sound of commotion was also audible, while attending the phone. The person, who had called the SHO, disclosed him that he is present at Vegetable Market, New Nalagarh, upon which, Inspector/SHO, along with other police officials, reached at Vegetable Market, New Nalagarh, where, Gurpreet Singh @Bhau, S/o Ram Karan, was found lying injured in unconscious condition. Thereafter, the police took him to CHC Nalagarh, where, his medico legal examination was conducted and MLC was obtained, according to which, the kind of weapon, used in the incident, is blunt. However, the final opinion, with regard to the injuries, was kept reserved by the Medical Officer.

9.1. It is the case of the police that one Parveen Kumar made a statement, under Section 173 of BN