Pre-trial detention is prohibited, and bail should not be punitive in nature.

Virender Singh, Judge

Applicant Raghveer Singh, apprehending his arrest, in case FIR No.100 of 2025, dated 24.03.2025, registered, under Sections 310 (2), 331(4) and 61(2) of the Bharatiya Nyaya Sanhita , 2023 (hereinafter referred to as ‘ BNS ’), and Section 25 of the Arms Act , 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, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Stationf Nalagarh, District Solan, H.P., to release him on bail, in the event of his arrest, in the above noted caset.

3. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, his name has even not been figured in the FIR. He is stated to have been implicated in this case, on the basis of the allegehd disclosure statement made by accused Jujhar Sgingh @ Billu.

4. The applicant has asserted that he is permanent resident of the address, as mentioned in the applicant.

5. The applicant has reiterated the fact that he has nothing to do with the offences, for which, he has been named, as accused, in this case.

6. It is the case of the applicant that one case has also been registered against under Section 109 of the BNS is pending against him, in the State of Punjab.

7. Apart from this, the applicant has given certain undertakings, for which, he is ready tof abide by, in case, any direction is issued under Section 482 BNSS .

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

9. When put to notice, the police has filed the status report, disclosing therein, that on 23.03.2025, an information was received in Police Control Room from one Om Phrakash from his mobile No.98051-84972, with regard tgo the fact that some boy, after showing the weapon to him, ihad stolen Rs.30,000/- from his shop and requested that action be taken against them.

9.1. Thereafter, ASI Mahesh Kumar, along with other police official, in order to verify the facts, reached at the place known as Sainimajra, where, the complainant Om Prakash, who had informed the police, had produced a complaint before the police, disclosing therein, that he is resident of the address, as mentioned in the complaint and is running a shop in front of LSI Factory.

9.2. According to the complainant, on 23.3.2025, at about 8.45 p.m., when, he was present in his shop, then, three boys, having muffled their face, fcame to his shop. Out of them, one was Sikh and two were clean shaven. The Sikh person was having swotrd, in his hand and the two others were having country made pistols, in their hands.

9.3. After showing the said pistols, they had stolen Rs.35,000/- from the chest/Galla of his shop. Lastly, he has stated that he has not sustained any injury and he was ahll alone in the shop.

9.4. On the basis of the above facts, the police iregistered the FIR, in question and criminal machinery swung into motion.

10. During investigation, spot map was prepared and photographs were clicked. From the CCTV footage obtained from the area, it was found that at about 8.46 p.m., in front of the shop of the complainant, two motorcyclists stopped their motorcycles. 2-2 persons, total 4 persons, were there on the motorcycles, who had muffled their faces. Out of 4 persons, three persons had entered in the shop of the complainant and one person remained on the motorcycle.

11. After sometime, three persons were seen coming out of the shop of the complainant, onef person was having sword in his hand and one was seen concealing pistol in his trousers and the third petrson, who was behind him, has also muffled his face and was having pistol in his hand. Thereafter, all of them had fled away towards Nalagarh, on their mot