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2025 DIGILAW 209 (HP)

Naresh Kumar v. State of Himachal Pradesh

2025-02-25

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. 1. Mr. Ajay Thakur, learned counsel has put in appearance on behalf of the victim and has also filed power of attorney today itself in the Court.The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.52 of 2024, dated 16.08.2024, registered at Police Station, Shillai, District Sirmour, H.P., under Sections 64(1) of BNS 2023. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The alleged incident in the case at hand is stated to have occurred at around 12.30 P.M on 14.08.2024. At that particular point of time, the victim had gone to the Jungle adjacent to the Village for the purpose of grazing her cattle. The victim is aged about 40 years. She is married. The bail petitioner is also married and is aged about 29 years. Both the bail petitioner and the victim belonged to the same Village. 4. The report qua the alleged incident was made on 16.08.2024. In the medical examination conducted qua the victim and the bail petitioner, no incriminating findings have been reported qua the bail petitioner. Similarly in the forensic report also, nothing adverse insofar the bail petitioner is concerned, has been brought forthwith. 5. Investigation in the case at hand is complete. Challan stands filed on 15 th October, 2024. Custodial interrogation of the bail petitioner in the case at hand is not required as nothing has to be recovered from the bail petitioner. No useful purpose would be served by keeping the bail petitioner in custody as he has been languishing in custody since 17.08.2024. The trial is now fixed for 19 th March, 2025. The same is now listed for consideration on charge. 6. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. In the case at hand, the bail petitioner is the sole bread earner and he has minor children to take care off. 7. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 8. In the case at hand, the bail petitioner is the sole bread earner and he has minor children to take care off. 7. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 8. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Chench Matyana, Tehsil Kamroo, District Sirmaur H.P. In order to ensure his presence at trial stringent condition can be imposed while granting bail. 9. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 10. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.52 of 2024, dated 16.08.2024, registered at Police Station , Shillai, District Sirmour, H.P. under Sections 64(1) of BNS 2023, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (fifty thousand) with one local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 11 . Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 12. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 13. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, at Nahan, District Sirmaur, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 14. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, Nahan, District Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur. 14. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, Nahan, District Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur. The Superintendent, Model Central Jail Nahan, District Sirmaur, H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 15. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail at Nahan, District Sirmaur H.P. and the learned trial Court by FASTER. 16. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court.