Bail is a rule and jail an exception; where investigation is complete and custodial interrogation is no longer required, an accused is entitled to bail provided they are a resident and pose no threat to the investigation or witnesses, ensuring pre-trial detention is not used as a punitive measure.

Virender Singh, Judge

1. Applicant-Sumit Kumar has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 185/2025, dated 16.08.2025, under Sections 109 , 191(2), 191(3), 190, 115(2), 117(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the BNS), registered with Police Station Paonta Sahib, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the above titled case.

3. According to the applicant, he was arrested on 09.09.2025 and was produced before the Illaqua Magistrate and presently he is in judicial custody.

4. According to the applicant, he has no concern, whatsoever, with the crime in question and he has been roped, in the present case, only on the ground that the car involved, in the alleged incident, belonged to his brother-in-law.

5. The applicant has earlier tried his luck by moving similar application before learned Additional Sessions Judge, Paonta Sahib, however, the same was dismissed, vide order dated 24.10.2025.

6. The investigation is complete, as, charge-sheet has been filed before the Court of learned Additional Chief Judicial Magistrate, Paonta Sahib and case is listed for checking of copies, on 02.12.2025.

7. The applicant has again tried his luck by moving the application before learned Additional Sessions Judge, Paonta Sahib, however, his application has again been dismissed, on 26.11.2025.

8. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On the basis of above facts, Mr. Ajay Kochhar, Senior Advocate, assisted by Ms. Swati Sharma, Advocate, appearing for the applicant, has prayed to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 16.08.2025, HC Vikas Kalyan No. 497, along with police officials, had gone to Civil Hospital, Paonta Sahib, to verify the fact that at Paonta Sahib Bus-stand, a quarrel had taken place and injured were taken to Civil Hospital, Paonta Sahib for treatement. When, he reached at Civil Hospital Paonta Sahib, there, he found Sagar son of Rakesh, resident of Yamunanagar, Haryana and Sonu Singh son of Delar Singh, resident of Paonta Sahib, District Sirmaur, H.P., were found admitted for treatment.

10.1 Request for conducting the medico legal examination was made, upon which, their MLCs were obtained. The Medical Officer after giving the first aid, had referred Sagar to higher center, whereas, injuries on the person of injured Sonu were declared as simple in nature.

10.2 Thereafter, Sonu son of Daler Singh, aged 18 years, made a statement under Section 173 of BNSS, disclosing therein, that he is resident of Ward No. 10 Devinagar, Paonta Sahib and working at Chawla Cloth House, Main Market Paonta Sahib.

10.3 On 16.08.2025, Sagar and Ashu came to his home at Devinagar on motorcycle. Thereafter, all three had gone out on their motorcycle. At about 6:30 pm, when he reached near Aman Shop near Bus-stand, from Vishavkarma Chowk, one Farman chased them on motorcycle and another pillion rider was there. When said Farman, reached there, he stopped his motorcycle and asked Sagar to disclose something. Thereafter, Sagar and Farman were talking to each other. After some time, a white coloured car came there and