JUDGMENT : Virender Singh, J. Applicant Lakhbir Singh has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Nalagarh, District Solan, H.P., to release him on bail, in the event of his arrest, in case FIR No.351 of 2023, dated 27.12.2023, under Sections 330, 331, 354, 294, 509, 506, 201 and 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). 2. The relief as claimed in the application has been sought on the ground that the applicant is suffering from anxiety, due to lodging of FIR and his condition is going from bad to worse. In this regard, the applicant has also annexed the prescription slip Annexure P-1 (Colly.). 3. According to the applicant, he has falsely been arrayed as one of the accused and has been arrested by the police, in the present case. 4. As per the applicant, on 14.06.2023, FIR No.172 of 2023 was registered with Police Station Nalagarh, District Solan, HP, under Sections 376, 506 and 34 of IPC, against one Vivek Mahajan, in which case also, complainant, in the present case, was the complainant. 5. It is the case of the applicant that at the relevant time, the applicant was posted at Police Station Nalagarh. According to him, during investigation of the said FIR, one complaint was received from Vivek Mahajan against Tanuja Chandola and Suraj Chandola, pursuant to which, FIR No.194 of 2023 dated 23.07.2023, under Sections 387, 389, 416, 506 and 120B of IPC, was registered with Police Station Nalagarh, District Solan, HP, against Tanuja Chandola and Suraj Chandola, on the allegations of extortion and honey trap and it was found that many transactions of about Rs.12,00,000/- were made, in the account of Tanuja Chandola. 6. It is the further case of the applicant that during investigation of the said case, it was found that complainants Tanuja Chandola and Suraj Chandola had produced some forged receipts and thereafter, FIR No.285 of 2023 dated 08.10.2023, under Sections 420, 467, 468, 471 and 34 of IPC, was registered with Police Station Nalagarh, District Solan, against those two persons, namely Tanuja Chandola and Suraj Chandola. Those complainants are stated to be having links with higher police officials and they were pressurizing the applicant for closing the FIR against them. 7. Those complainants are stated to be having links with higher police officials and they were pressurizing the applicant for closing the FIR against them. 7. It is the further case of the applicant that thereafter, complainant Suraj Chandola has approached the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., by way of complaint, upon which, the present case i.e. FIR No.351 of 2023 dated 27.12.2023, under Sections 330, 331, 354, 294, 509, 506, 201 and 34, has been registered. 8. In the said FIR, according to the applicant, there were allegations, levelled against some police officials, regarding custodial violence, during the remand period i.e. from 12.10.2023 to 21.10.2023. During investigation, police asked complainants to give written statement/ complaint, however, complainants sought time after consulting with their lawyer and finally, the statement/complaint was sent through e-mail, upon which, the present FIR has been lodged. 9. It is the further case of the applicant that after registration of the FIR, he had filed application bearing Cr.MP(M) No.1369 of 2024, before this Court, which was dismissed vide order dated 23.08.2024. 10. Highlighting the fact that he has no connection, whatsoever, with the crime, for which, he has been arrested by the police, it is the further case of the applicant that investigation, in the present case, is complete and as such, his custodial interrogation is no longer required by the police. 11. In addition to this, the bail has also been sought on the ground of parity as the co-accused Kalyan Singh has already been released on bail, by this Court, vide order dated 05.11.2024, passed in Cr.MP(M) No.2326 of2024. 12. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 13. On the basis of the above facts, a prayer has been made to allow the application. 14. 12. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 13. On the basis of the above facts, a prayer has been made to allow the application. 14. When put to notice, the police has filed the status report, disclosing therein, that on 27.12.2023, complainant-Suraj Chandola has forwarded his complaint through e-mail, along with the copy of order dated 19.12.2023, passed by the Court of learned ACJM, Nalagarh, disclosing the following facts:- “SHO Manpura has filed status report qua medical examination of Suraj Chandola and Tanuja Chandola (hereinafter referred to as 'accused persons') in case FIR No.285/23, disclosing therein that on 08.10.2023, ASI Ashok Rana had sent a receipt of CH, Baddi, which was in the name of Tanuja having OPD No.32595 and 1524, to S.M.O, Baddi to certify the same, whereupon S.M.O, C.H, Baddi sent his report vide letter No.HFW CH Baddi/709/2013 dated 18.09.2023 which read as follows. "No HFW CH Baddi/709/2023 dated 18.09.2023 from the office of SMO Incharge Civil Hospital baddi, District Solan, H.P to the Station Head office Police station, Nalagarh Subject: Reply in respect of letter 17.09.2023 Sir, In reference to letter No SPLO1 dated 18.09.2023, it is for your kind information that there are two general OPD register running for registration (one for factory/company employee and the other for general public). OPD No. 32595 (General OPD register) registered in the name of Gurnam Singh S/o Banarasi Das ward no.1 Baddi 68 years Male and another (factory/ company employee registered) OPD No.1524 in the name of Saneya Chadda D/o Tara Datt Baddi 22 years Female as per record, Kindly do acknowledge and oblige. SMO Incharge Civil Hospital Baddi On said report, offences under Sections 420, 467, 468, 471 read with Section 34 were found to be committed whereupon F.I.R under aforesaid sections were registered against accused persons and investigation into the case was carried out by Inspector Kuldeep Kumar, the then S.H.O, Police Station, Nalagarh. During investigation, accused persons were arrested at Meeruth on 12.10.2023 and were got medically examined at CHC, Nalagarh and their MLCs were obtained. Thereafter, accused persons were produced before this court on 13. 10.2023 and they were remanded to police custody till 18.10.2023 and thereafter, their police custody was extended till 21.10.2023. During investigation, accused persons were arrested at Meeruth on 12.10.2023 and were got medically examined at CHC, Nalagarh and their MLCs were obtained. Thereafter, accused persons were produced before this court on 13. 10.2023 and they were remanded to police custody till 18.10.2023 and thereafter, their police custody was extended till 21.10.2023. On 21.10.2023, accused persons were again produced before this court for seeking their judicial remand but on the said date. the lawyer appearing on behalf of accused persons presented an application in the court for medical examination of accused persons and on said application, the court had ordered medical examination of the accused persons at CHC, Nalagarh. As per the order of the court, accused persons got medically examined at CHC, Nalagarh and their MLCs were obtained and the doctor, for further medical treatment, referred the accused persons to I.G.M.C. Shimla. On this, accused persons were taken to I.G.M.C. Shimla for medical treatment and after their treatment, they were taken to Modern Central Jail, Kanda. Thereafter, the S.P sent the case for further investigation to Police Station, Manpura vide order No.43694-97 dated 03.11.2023. The MLCs of accused persons were also received from P.S. Nalagarh on 28.11.2023. The reports qua test conducted on the abovementioned MLC in I.G.M.C. Shimla of the accused persons were procured from Superintendent, Modern Jail, Kanda. On the basis of test reports, opinion of doctor was taken on MLC of Tanuja Chandola on 13.12.2023 wherein doctor opined as follows:- As per patient was not taken for physical opinion. She is medically fit to the best of my knowledge and injury sustained by her simple in nature On the MLC of Suraj Chandola, doctor opined on 16.12.2023 as follows:- As per the advice by finally opinion nature of injury is grievous. Judicial record called and perused. On perusal thereof, it is clear that the accused persons were produced before this court in case FIR No.285/23 firstly on 13.10.2023 alongwith an application seeking their 08 days police remand whereupon this court remanded the accused persons into police custody till 18.10.2023 On 18.10.2023, the accused persons were again produced before this court alongwith an application seeking their 04 days police remand whereupon they were further remained into police custody till 21.10.2023. Further perusal of judicial record makes it clear that on 21.10.2023, the accused persons were again produced before this court alongwith an application seeking their judicial remand. Further perusal of judicial record makes it clear that on 21.10.2023, the accused persons were again produced before this court alongwith an application seeking their judicial remand. On the same day, the defence counsel has withdrawn the bail application already moved on behalf of accused persons and moved an application under Section 54 Cr.P.C for examination of accused persons by the Medical Practitioner alleging therein that the accused persons are subjected to physical and psychological torture during their police custody. Record also transpires that on said application of the Id. Defence counsel, this court has remanded the accused persons into judicial custody till 02.11.2023 but directed the police to get the examination of accused persons done through registered medical practitioner in compliance of Section 54 of Cr.P.C before taking the accused persons into jail. Since the status report of the police coupled with the MLC of accused persons and final opinion thereon prima facie make out a case of custodial violence in police custody which has been held by Hon'ble Supreme Court in various authorities as worst form of violence In D.K. Vasu's case, Hon'ble Supreme Court observed as fellow;"Custodial violence, including torture and death in the lock-ups, strikes a blow at the rule of law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law. Custodial violence is a matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizens. It is committed under the shield of uniform and authority in the four walls of a police station or lock-up, the victim being totally helpless. The protection of an individual from torture and abuse by the police and other law- enforcing officers is a matter of deep concern in a free society. In spite of the constitutional and statutory provisions aimed at safeguarding the personal liberty and life of a citizen, growing incidence of torture and deaths in police custody has been a disturbing factor. The protection of an individual from torture and abuse by the police and other law- enforcing officers is a matter of deep concern in a free society. In spite of the constitutional and statutory provisions aimed at safeguarding the personal liberty and life of a citizen, growing incidence of torture and deaths in police custody has been a disturbing factor. Experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third-degree methods including torture and adopts techniques of screening arrest by either not recording the arrest or describing the deprivation of liberty merely as a prolonged interrogation. A reading of the morning newspapers almost everyday carrying reports of dehumanizing torture, assault, rape and death in custody of police or other governmental agencies is indeed depressing. The increasing incidence of torture and death in custody has assumed such alarming proportions that it is affecting the credibility of the rule of law and the administration of criminal justice system. The community rightly feels perturbed. Society's cry for justice becomes louder. Custodial death is perhaps one of the worst crimes in a civilized society governed by the rule of law. The rights inherent in Articles 21 and 22(1) of the Constitution require to be jealously and scrupulously protected. We cannot wash away the problem. Any form of torture or cruel, inhuman or degrading treatment would fall within the inhibition of Article 21 of the Constitution, whether it occurs during investigation, interrogation or otherwise. If the functionaries of the Government become law-breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchism. No civilized nation can permit that to happen. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? These questions touch the spinal cord of human rights jurisprudence. The answer, indeed, has to be an emphatic 'No' (emphasis supplied) Considering all facts of the present case and law discussed above, S.P. Baddi is directed to take action in accordance with law against the erring police officials under intimation to this court. Cr. These questions touch the spinal cord of human rights jurisprudence. The answer, indeed, has to be an emphatic 'No' (emphasis supplied) Considering all facts of the present case and law discussed above, S.P. Baddi is directed to take action in accordance with law against the erring police officials under intimation to this court. Cr. Ahlmad is directed to send a copy of this order to S.P. concerned for necessary action, forthwith. File be again put up before this court on 06.01.2024.” 15. Thereafter, complainant was contacted with a request to give his statement, upon which, he has sought time to consult his lawyer. Subsequently, on 26.12.2023, complainant-Suraj Chandola has made a complaint, through e-mail, disclosing therein that on 11.08.2023, policemen came to their rented house at Meerut and caused damages to their belongings. They have taken away those articles, which have nothing to do with the alleged crime. Not only this, they have also taken into possession their vehicle. At about 05:00-06:00pm, they took them to the near police station, wherefrom, they were brought to Nalagarh in private Innova car. 16. It is the further case of the prosecution that before proceeding towards Nalagarh, all the policemen had done shopping from nearby market at PP Nagar, Meerut. On the way, all the policemen, except the driver, had consumed liquor and under the influence of liquor, they had abused them and also beaten them. Not only this, the wife of the complainant was also misbehaved. 17. It is their further case that during the night of 11.08.2023, the policemen had used the phone of the complainant. On the same day, at about 04:00-05:00 am, they had reached at Police Station Nalagarh and as soon as, they reached at Police Station Nalagarh, the complainant and his wife were beaten and instead of keeping them in the lockup, they were kept in SHO room. 18. As per their further case that on 12.11.2023, during the daytime, all the policemen gathered there and gave beatings to them. They were not permitted to sleep for consecutively three nights. Policemen have deputed one policeman to ensure that they will not sleep and nothing had been enquired from them. However, they were beaten by the police daily. This torture was allegedly seen by one Gopal Rana. 19. According to them, Kuldeep Sharma and Ashok Rana pressurized the complainant and his wife to make the statement. Policemen have deputed one policeman to ensure that they will not sleep and nothing had been enquired from them. However, they were beaten by the police daily. This torture was allegedly seen by one Gopal Rana. 19. According to them, Kuldeep Sharma and Ashok Rana pressurized the complainant and his wife to make the statement. These allegations, according to the status report, were levelled by both Suraj Chandola and Tanuja Chandola. They have further alleged that if the mobile phone of Kuldeep Sharma and Ashok Rana are checked, then, the above facts can be proved. 20. It is the further allegation that Ashok Rana, Kuldeep Sharma and other police officials, by holding a meeting in the nearby hotel, planned to involve complainant and his wife in cases. The movement order, which was allegedly recovered by the police, is also stated to have been prepared by Kuldeep Sharma. When, they were taken to Civil Hospital for their medico legal examination, according to them, the doctor concerned, in connivance with the police, had prepared a false report. However, when the Court directed them for the medical examination, then, in the presence of their lawyer, they were medico legally examined. 21. It is their further case that when, the complainants were released on bail, then, they were again warned by the above policemen that in case, they will disclose this fact to anyone, they will again be in trouble. On 12.08.2023, wife of the complainant was also beaten by the police. The complainant was unclothed in front of his wife and was also abused. Ashok Rana, as per the allegation, has also peed on the face of the complainant. The wife of the complainant also disclosed to him that one day, Ashok Rana, under the influence of liquor, came to her lockup and removed her clothes and also touched her private parts. 22. According to their further allegations, the data of the CCTV camera was also deleted by the police officials. Lastly, she has named those police officials, as DSP Lakhbir (applicant), Kuldeep Sharma, Ashok Rana, Cyber official Kalyan Singh, Sunil and few other persons, whose names were not known to them. 23. On the basis of the abovesaid facts, police registered the FIR in question against the accused persons, including the applicant. 24. Thereafter, investigation was entrusted to ASI Suresh Kumar, IO, PS Nalagarh. 23. On the basis of the abovesaid facts, police registered the FIR in question against the accused persons, including the applicant. 24. Thereafter, investigation was entrusted to ASI Suresh Kumar, IO, PS Nalagarh. During investigation, the record of case FIR No.285 of 2023 dated 08.10.2023, under Sections 420, 467, 468, 470, 471 and 34 of IPC, was taken into possession. On 01.04.2024, spot was visited and photography was done there. The statement of Tanuja Chandola, under Section 164 of Code of Criminal Procedure, was got recorded by producing her, before the Court of learned ACJM, Nalagarh. 25. As per the statement, DSP Lakhbir (applicant), Inspector Kuldeep Sharma, Sub-Inspector Ashok Rana, ASI Kalyan, L/HC Chanderkiran and Ct. Sunil Kumar had beaten the couple and used filthy language against them. DSP Feroz Khan, Nalagarh has produced one pen drive and a certificate, under Section 65-B of the Indian Evidence Act, which was taken into possession. In the statement, DSP Feroz Khan has deposed that on 12.10.2023, CCTV footage was shown to him, as, from 11.10.2023 to 31.10.2023, he was on medical rest, as well as, had gone to the Court to give evidence and at that time, the charge of SDPO was with Lakhbir Singh (applicant), DSP (Leave Reserve), Baddi. 26. It is their further case that when the CCTV footage of 12.10.2023 was perused, it was found that DSP Lakhbir Singh (applicant) was enquiring from Suraj Chandola in the office of SHO. Along with him, ASI Kalyan, Ct. Sunil Kumar No.369, SI Ashok Rana, HC Amit and SHO/Inspector Kuldeep Sharma were also present there and clearly visible in the video. 27. Apart from this, it has also been found in the video that DSP Lakhbir Singh (applicant) was beating Suraj Chandola with leather belt, upon which, DSP Feroz Khan has recorded the video of 2 minutes and 41 seconds, from the monitor. Similarly, from the perusal of the footage of night of 11.10.2023 and morning of 12.10.2023, it was found that SHO Kuldeep Sharma has also beaten Suraj Chandola. 28. It is their further case that on 09.04.2024, Special Investigating Team also visited the premises of Doctor Shudh Vaishno Dhaba and clicked the photographs. Not only this, the complainant has also disclosed to the police that on 11.10.2023, during midnight, the police team of PS Nalagarh, comprising of Inspector Kuldeep Sharma, SI Ashok Rana, ASI Kalyan and Ct. 28. It is their further case that on 09.04.2024, Special Investigating Team also visited the premises of Doctor Shudh Vaishno Dhaba and clicked the photographs. Not only this, the complainant has also disclosed to the police that on 11.10.2023, during midnight, the police team of PS Nalagarh, comprising of Inspector Kuldeep Sharma, SI Ashok Rana, ASI Kalyan and Ct. Sunil Kumar had taken him to the Family Hall of the aforesaid Dhaba and beaten him there. Similar statement has also been made by Gopal Singh, who was in the police custody of Nalagarh police from 10.10.2023 to 13.10.2023. As per the medico legal examination, the doctor has given the following opinion:- “1. Probable duration of Traumatic Perforation is <7 days as there is the presence of blood clots. 2. Perforation in both ears is traumatic as there is presence of blood clot and margin of perforation is irregular. However, possibility of self-inflicted cannot be ruled out.” 29. On the basis of the statement of wife of the complainant, Sections 294, 354 and 509 of IPC was deleted from the case. 30. In addition to this, police has also registered FIR No.328 of 2023 dated 30.11.2023, under Section 204 of IPC, with Police Station Nalagarh, regarding deletion of CCTV footage and for retrieving the same, the matter has been taken up with the FSL, Junga and the result is stated to be still awaited. 31. Lastly, the prayer for granting bail has been opposed on the ground that the applicant is working in the police and also worked as Investigating Officer. In case of granting bail to him, he may coerce the complainant, as well as, the witnesses. 32. On the basis of above facts, a prayer has been made to dismiss the application. 33. One fact is very clear, at this stage, that vide order dated 23.08.2024, this Court has dismissed the similar application moved by the applicant, while deciding Cr.MP(M) Nos.1346 to 1348 & 1368 to 1370 of 2024. 34. Once, the application for pre-arrest bail has been dismissed, by this Court, on 23.08.2024, then, the applicant could not now make out a case for issuing a direction to the Police/Investigating Officer to release him on bail, in the event of his arrest, as, there is no change, in the circumstances. 35. 34. Once, the application for pre-arrest bail has been dismissed, by this Court, on 23.08.2024, then, the applicant could not now make out a case for issuing a direction to the Police/Investigating Officer to release him on bail, in the event of his arrest, as, there is no change, in the circumstances. 35. The applicant, at the relevant time, was posted as Deputy Superintendent of Police and being the supervisory officer, more responsibility was upon him, to prevent the crime, but, instead of preventing the crime, he himself was involved in the alleged incident. 36. Till date, the applicant is evading his arrest, in this case, and it speaks voluminously about his influence over the police. 37. Even otherwise, if any direction is issued, under Section 482 BNSS, it will give a wrong signal to the other police officials to take law, in their own hand, instead of performing their duties to prevent the crime, as well as, to nab the person, who has committed the crime. 38. Similar applications have been dismissed, by this Court, on 23.08.2024 and 9.12.2024, but, a futile attempt has been made to justify the maintainability of the application, on the ground that the applicant is ill and in this regard, the applicant has also relied upon the prescription slips, Annexure P-1. The said document is too short to conclude that there is change in the circumstances. 39. Considering the specific allegations, which have been levelled against the applicant, this Court is of the view that the applicant is not able to make out a case for issuing any direction, under Section 482 Cr.PC. Consequently, the application is dismissed. 40. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.