Bail cannot be denied as pre-trial punishment; reasonable conditions can ensure availability of applicants for trial.

Virender Singh, Judge.

The above-titled bail applications are being disposed of by the common order, as, all the three bail applications have been filed, in the same FIR, i.e. FIR No. 97 of 2025, dated 13.06.2025, registered, under Sections 299 , 132, 191(2), 191(3), 190, 351(2), 115(2) 121(1), 109, 61(2) and 118(1) of the Bharatiya Nyaya Sanhita , 2023 (hereinafter referred to as ‘ BNS ’), with Police Station Majra, District Sirmaur, H.P.

2. By way of these bail applications, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), the above-named applicants have sought their release on bail, during the pendency of the trial, arising out of the above-noted FIR.

3. It is the case of the applicants that they have been implicated, in the present case, just to gain attention and political mileage, as, they are not involved in the commission of any offences, for which, they have been arrested, in this case.

4. As per the applicants, the above-noted FIR has been registered on the basis of a false complaint and there is no substance in the complaint, against the applicants.

5. According to the applicants, they are permanent residents of the addresses, as mentioned in the respective bail application, having deep roots in the society, as such, there is no likelihood of the applicants fleeing from the course of justice.

6. As per the stand of the applicants, they are innocent and have nothing to do with the alleged offences, for which, they have been arrested, by the police.

7. The investigation, in the present case, is stated to be completed and the applicants are stated to have duly co-operated with the Investigating Agency.

8. The applicants, through their counsel, have also given certain undertakings, for which, they are ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On all these submissions, learned Senior Counsel appearing for the applicants, have prayed that the bail applications may kindly be allowed.

10. When put to notice, the police has filed the status report, disclosing therein, that on 13.06.2025, HC Pradeep Kumar No. 209, was directed to visit Civil Hospital, Paonta Sahib and JC Juneja Hospital, to verify the factual position, as mentioned, in reports No. 38 and 39. In JC Juneja Hospital, HC Sandeep was found in injured condition. Requisite forms were filled for his medico legal examination and MLC was obtained.

10.1. Thereafter, HC Pradeep Kumar No. 209, visited Civil Hospital Paonta Sahib, where ASI Ashish Kumar, was found admitted for treatment. MLC of SI Ashish Kumar was obtained. The Medical Officers of JC Juneja Hospital, and Civil Hospital, Paonta Sahib, declared the injuries on the person of HC Sandeep Kumar and ASI Ashish Kumar, as simple in nature.

10.2. Thereafter, ASI Ashish Kumar, Police Station Majra, District Sirmaur, got recorded his statement, under Section 173 of the BNSS to HC Pradeep Kumar No. 209, disclosing therein, that he is posted as I.O. in Police Station Majra.

10.3. On 10.06.2025, a case FIR No. 95 of 2025, was registered, under Section 137(2) of the BNS , on the ground that one Muslim boy had enticed away a Hindu girl. In this context, on 13.06.2025, in the morning, volunteers of Jagran Manch had gathered at Majra Chowk for demonstration.

10.4. The said mob was pacified by SDPO and Incharge, Police Station, Majra, however, the persons, who were demonstrating there, were again and again stressing that they will finish the person, who has enticed away the girl. Due to their activities, the police apprehended about the violence. As such, police force was requested to be deputed from Police Lines, Nahan and Paonta Sahib. Those policemen were deputed at the house of the main accused Mohseen Khan, in Village Kiratpur, in order to maintain