JUDGMENT : (Virender Singh, J.) The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 87 of 2024, dated 25.9.2024, registered under Sections 109 (1), 126(2), 191(2), 191(3), 190, 238, 115(2) & 117(2) of Bhartiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) and Section 25-54-1959 of the Arms Act , with Police Station, Kot Kehloor, District Bilaspur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 3. According to him, he is respectable person and has no concern, whatsoever, with the case registered against him. 4. According to the applicant, investigation in the present case, is complete and nothing has to be recovered from him or at his instance. 5. In addition to this, the applicant, through his counsel, has undertaken to abide by the conditions to be imposed by this Court, in case ordered to be released on bail. 6. Applicant has tried his luck by moving bail application, before the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., however, the same was dismissed on 27.3.2025. 7. On the basis of above facts, a prayer has been made to release the applicant, during pendency of the trial. 8. When, put to notice, Police has filed the status report, disclosing therein, that on 24.9.2024, at about 8:23 p.m., Rajesh Kumar, complainant has informed the Police of Police Station, Kot Kehloor, through telephone that Happy, Goldy etc. are quarreling with him and have beaten him, upon which, Sub Inspector Madan Mohan, alongwith other Police Officials, reached at Bus Stand Behal to verify the facts, where Rajesh Kumar and Rakesh Kumar met them in injured condition, who has disclosed that accused persons had fired upon them, and Rakesh Kumar suffered bullet injury on his back, upon which, both the injured were taken to AIIMS Bilaspur, where Medical Officer has declared Rajesh Kumar fit to make statement. 8.1 Consequently, his statement under Section 173 of BNSS was recorded, who has got recorded that he is running an electrician shop in Kehloor Bazar. His brother is stated to be working as Operator with a Contractor, working for the construction of Railway Tunnel. 8.2 On 24.9.2024, at about 7:30 p.m., complainant was waiting for his brother Gurnam Singh near Banyan tree. His brother is stated to be working as Operator with a Contractor, working for the construction of Railway Tunnel. 8.2 On 24.9.2024, at about 7:30 p.m., complainant was waiting for his brother Gurnam Singh near Banyan tree. After sometime, Goldy, S/o Prem, alongwith some unknown person, came there and inquired from the complainant as to why he was standing there, upon which, the complainant had disclosed that he is waiting for his brother, upon which, they stated that this is not the occasion to stand there. The complainant again disclosed them that he is waiting for his brother, upon which, Sonu (applicant) slapped him. Thereafter, all the four persons started beating him with fist blows, upon which, the complainant fell down and sustained injuries, on the right side on his forehead. Thereafter, they fled away from the spot. 8.3 Thereafter, the complainant had gone to his uncle’s house at Behal. On the way, he met Rakesh Kumar, Ravinder Kumar, Lakhwinder Singh and Shubham Kumar, all residents of Village Behal. The complainant had apprised them about the incident, which had taken place. Then, at about 9 p.m., cousin of the complainant, namely, Shubham, Lakhwinder, Ravinder and Rakesh Kumar, came to Behal Bus stand. In the meanwhile, Goldy, Happy, Sonu (applicant) and the aforesaid unknown person, alongwith other boys came there and attacked the complainant. Happy S/o Desh Raj, all of a sudden, had taken out the fire arm and started firing upon the complainant. In order to save themselves, complainant and his cousin started moving here and there. Happy had fired three fire rounds, out of which, one gunshot hit Rakesh Kumar on the right side of the back. Rakesh Kumar was taken to AIIMS for treatment. Thereafter, all the five persons, alongwith the aforesaid unknown person, are stated to have fled away from the spot. 8.4 According to the complainant, the said five persons had tried to kill the complainant and his brother by firing gunshot. The aforesaid persons are stated to have fled away from the spot in black coloured Scorpio and a white coloured Alto. 8.5 On the basis of above facts, the Police registered a case against the applicant and police machinery swung into motion. 8.6 The Medical Officer has declared injuries on the person of Rajesh Kumar as simple, whereas, injured Rakesh Kumar was referred to PGI, Chandigarh, where he remained admit for 15 days. 8.5 On the basis of above facts, the Police registered a case against the applicant and police machinery swung into motion. 8.6 The Medical Officer has declared injuries on the person of Rajesh Kumar as simple, whereas, injured Rakesh Kumar was referred to PGI, Chandigarh, where he remained admit for 15 days. The injuries caused to Rakesh Kumar were declared as dangerous to life. Thus, Sections 115(2) and 117 (2) of BNS were added, in this case. 8.7 Thereafter, complainant Rajesh Kumar was associated in the investigation, photographs of the spot were clicked and spot map was prepared. 8.8 On 26.9.2024, accused Rohit was also arrested and produced before the learned JMFC, Bilaspur, on 27.9.2024. 8.9 During investigation, CDR and CAF of mobile phones of Rohit bearing No. 79866-18239 and 78889-02946, Dharmpreet @ Jimmy, bearing mobile No. 75899-74030 and 75070-10756, Naresh Kumar @ Goldy, bearing mobile number 88945-13935, Ajay Kumar @ Happy, bearing mobile number 82849-06235, Harishpal @ Happy bearing mobile No. 93170-93532, Pitamber bearing mobile No. 62807-56758 and 75890-80623, Ajay Kumar @ Devegauda bearing mobile No. 82642-02260 and Sukhwinder Singh @ Sonu (applicant) bearing mobile number 99142-90144 were obtained. Thereafter, CCTV footage was checked. 8.10. On the basis of above facts, involvement of Dharampreet @ Jimmy was found. 8.11 Thereafter, owner of Alto car bearing No. PB 12AB-9675 Ajay Kumar @ Devegauda was also arrested, who disclosed that on 24.9.2024 at about 7:45 p.m. Ajay Kumar took the said car from the owner on the pretext that his mother is suffering from heart ailment and he has to take her for check-up. The said car is stated to have not returned back till date. 8.12 On the basis of above facts, it has been pleaded that investigation, in the present case, is complete and charge-sheet has been filed in the Court of learned Chief Judicial Magistrate, Bilaspur, H.P. 8.13 In the status report, it has been mentioned that accused Rohit has been released on bail by the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspsur, H.P., on 20.1.2025, whereas, co-accused Dharampreet @ Jimmy has also been released on bail, by the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. 8.14 It has further been mentioned in the status report that co-accused Harish Kumar @ Happy and Ajay Kumar have also been released on bail, on 26.3.2025, by this Court. 8.15 Lastly, it has been apprehended by the Police that since the applicant is resident of Punjab, as such, in case, he is ordered to be released on bail, he may not be available for trial. 9. Investigation in the present case is complete, as the Police has filed the charge-sheet, which is pending in the Court of learned CJM, Bilaspur, H.P. In view of this fact, this Court is of the view that custodial interrogation of the applicant, is no longer required, in this case, by the Police. 10. Even otherwise, four co-accused of the applicants, namely Rohit, Dharampreet, Harish Kumar and Ajay Kumar have been released on bail, and the role, which has been attributed to the aforesaid accused persons, is the same, which has been alleged against the present applicant. 11. So far as the apprehensions, which are expressed by the Police in the status report are concerned, for those apprehensions, stringent conditions can be imposed upon him, in case, he is ordered to be released on bail. 12. Moreover, chances of conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 13. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 15. Consequently, the applicant is ordered to be released on bail in case FIR No. 87 of 2024, dated 25.9.2024, registered under Sections 109 (1), 126(2), 191(2), 191(3), 190, 238, 115(2) & 117(2) and Section 25-54-1959 of the Arms Act , with Police Station, Kot Kehloor, District Bilalspur, H.P., on their furnishing personal bonds, in the sum of Rs. 70,000/-, each, with one surety each in the like amount, to the satisfaction of the learned trial Court. 16. 70,000/-, each, with one surety each in the like amount, to the satisfaction of the learned trial Court. 16. This order, however, shall be subject to the following conditions:- a) Applicant shall make herself available for the purpose of interrogation, if so required and regularly 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 the appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 17. Any of the observations, made herein above, 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 applications. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Open Air Jail, Bilaspur, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Open Air Jail, Bilaspur, H.P. is directed to inform this fact to the Secretary, DLSA, Bilaspur. The Superintendent of the Open Air Jail, Bilaspur, H.P. is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.