JUDGMENT : Virender Singh, J. 1. Apprehending his arrest, in Case FIR No. 192 of2024 dated 14.12.2024 (hereinafter referred to as the ‘FIR in question’), registered under Sections 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Indora, District Kangra, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Indora, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR. 3. According to the applicant, he is innocent person and has falsely been implicated by the police, in the present case. 4. Applicant had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., however, his application was dismissed, vide order dated27.12.2024. 5. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case. 6. When, put to notice, the police has filed the status report disclosing therein, that on 13.12.2024, HC Rupesh Kumar No.15, along with other police officials, had reached at Bridge near Arni University, in order to verify the facts regarding report No.41, Diary dated 13.12.2024.On the spot, a Fortuner car was found. However, the said vehicle was not having any registration number plate over it. At that time, HC Prem Chand No.6 has informed the IO that a person, namely Sukhwinder Singh S/o Sikander R/o Mand Sanour, has been brought in an injured condition, to Civil Hospital, Indora. The said person sustained injuries in a scuffle at Arni Unversity Bridge, upon which, MLC No.795/24 was obtained and Medical Officer has opined that the kind of weapon, used in the incident, is sharp. Thereafter, it was found that injured Sukhwinder Singh was taken to Raj Hospital, Pathankot for treatment, upon which, IO reached the said hospital, where, the doctor declared injured Sukhwinder Singh unfit for making the statement. 7. Thereafter, it was found that injured Sukhwinder Singh was taken to Raj Hospital, Pathankot for treatment, upon which, IO reached the said hospital, where, the doctor declared injured Sukhwinder Singh unfit for making the statement. 7. It is the case of the police that thereafter, one Jagmohan, who took the injured to Hospital, made a statement, under Section 173 of BNSS, to police, disclosing therein that he is the Pradhan of Gram Panchayat Kathgarh. The campus of Arni University is in his village. At about 11:00 pm, when, he was on his way to his house, in his vehicle, then, near bridge, he heard the noise of commotion and a number of persons were also gathered there, upon which, he has also reached at the spot. He noticed that one Fortuner vehicle has been found there and the said vehicle met with an accident and one Sukhwinder Singh S/o Sikander was found injured there. Blood was oozing out from his head. On enquiry, he has disclosed that some unknown person has inflicted blow on his person. Consequently, he has sustained injuries, upon which, the complainant took Sukhwinder Singh to Civil Hospital, Indora, from where, he was taken to Raj Hospital, Pathankot. 8. On the basis of above facts, police registered the FIR, in question and criminal machinery swung into motion. 9. It is the further case of the police that on 14.12.2024, statement of Jasbir Singh @ Titu S/o Joginder Singh, under Section 180 of BNSS, was recorded. The Fortuner vehicle, bearing No.PB65-BB-2649, was taken into possession. 10. On the same day i.e. 14.12.2024, the doctor declared the injured fit to make statement, upon which, he made the statement, disclosing therein that in the Mand area, he is having 45 biggas of land. He is an agriculturist and a contractor by profession. 11. As per the further stand in the statement, on 13.12.2024, during the daytime, he, along with Jagmohan Singh @Goldy, Pradhan, Gram Panchayat Kathgarh, was on the way to Hajipur, in connection with their personal work. On the way, Jagmohan Singh @Goldy, Pradhan disclosed that there is a dinner, in the farmhouse, Tanda, near Arni Unversity and requested him to reach there well in time. At about 05:00 pm, he got down at Mand Sanaur Dharam Kanta. Subsequently, Jagmohan Singh @ Goldy, Pradhan had left the said place. Thereafter, he had started loading the sugarcane in his truck. At about 05:00 pm, he got down at Mand Sanaur Dharam Kanta. Subsequently, Jagmohan Singh @ Goldy, Pradhan had left the said place. Thereafter, he had started loading the sugarcane in his truck. 12. Further, after about one-and-a-half hour, the injured, along with his friend Jasbir Singh, had started in vehicle, bearing No.HP97-8890, towards the farmhouse of Jagmohan Singh @ Goldy, Pradhan and at about 06:30pm, reached at Tanda. Jagmohan Singh @ Goldy, Pradhan and one Ankush @ Timmi R/o Mand Sanaur were present there. After some time, Varun Sharma (applicant) had taken away one bottle of liquor from his vehicle. Thereafter, Saurabh @ Gandhi and Rajiv Vashisht also reached there. All of them had consumed liquor, except Varun Sharma (applicant). 13. It is the further case of the police that after the dinner, they had gone to sleep and Rajiv Vashisht and Saurabh @ Gandhi had also returned back to their house. Injured Jasbir Singh, Jagmohan Singh @ Goldy, Pradhan, Ankush and Varun Sharma (applicant) were present at the spot. The complainant had demanded Rs.1.50 lacs from Varun Sharma @ Shanki (applicant), which were due on account of the fact that one sugarcane field was obtained on contract, in the month of November, 2023. 14. It is the further case of the police that brother of Varun Sharma (applicant), namely Manish Kumar, had also obtained the contract of cutting the wood and after cutting the wood, the brother of Varun Sharma (applicant) set the cut wood leaves on fire, on the boundary of the field, due to which, the sugarcane crop, which was taken on contract, caught fire, which resulted into the loss of about Rs.9 lacs, upon which, FIR No. 172 of 2023, under Section 285 of IPC, was also registered. However, later on, the matter was compromised, as, Manish, according to him, had agreed to pay Rs.4.50 lacs, out of which, Manish had only paid Rs.3 lacs and assured to pay the remaining amount of Rs.1.50 lacs, after some time. 15. It is the further case of the police that according to the complainant, from the last one year, Manish and Varun Sharma (applicant) were not paying the said outstanding amount. When, the said amount was demanded, Varun Sharma (applicant) had started abusing him. When, complainant requested him not to do so, then, he pushed him. 15. It is the further case of the police that according to the complainant, from the last one year, Manish and Varun Sharma (applicant) were not paying the said outstanding amount. When, the said amount was demanded, Varun Sharma (applicant) had started abusing him. When, complainant requested him not to do so, then, he pushed him. Thereafter, scuffle took place, between them, which was pacified by Jagmohan @ Goldy and Ankush @ Timmi, who were present there. Thereafter, Varun Sharma (applicant) drove towards Indora in his car. He and Jasbir Singh were going towards their home at Mand Sanaur in Bolero. When, they reached Tanda Patan Bridge, near Arni University, then, at about 07:45 pm, one vehicle had hit their vehicle from the rear side. Thereafter Varun Sharma @ Shanky (applicant) took out the gandasa (big sickle) from his car and started inflicting blows on the person of injured. Varun Sharma @ Shanky (applicant) had also inflicted another blow of that gandasa, which hit on his right hand. Meanwhile, Jagmohan @ Goldy also reached there, who saved him. Thereafter, he had brought the injured to hospital for his treatment. 16. It is the further case of the police that on 15.12.2024, the vehicle (Bolero) was taken into possession. In the MLC, injuries No.1 and 2 were declared as ‘simple in nature’, whereas, injury No.3 was declared as ‘grievous in nature’, as, sharp weapon was used in the incident. As such, Section 118(2) of BNS was added, in this case. 17. After perusing the said status report, interim protection was granted to the applicant, with a direction to join the investigation, vide order dated 31.12.2024 and the matter has been adjourned for today. 18. Today, i.e. 07.01.2025, the police has filed the supplementary status report, disclosing therein that the applicant has joined the investigation and he has also produced the weapon of offence, allegedly used in the incident, which was taken into possession. 19. As per the said status report, applicant-Varun Sharma is stated to have been convicted, in FIR No.41 of 2011, dated 08.02.2011, registered under Sections 279, 337, 338 of IPC, with Police Station Indora, vide judgment of conviction and order of sentence dated 05.10.2017. 20. On the basis of above facts, a prayer has been made to dismiss the application. 21. Heard. 22. 20. On the basis of above facts, a prayer has been made to dismiss the application. 21. Heard. 22. The applicant has joined the investigation and the role, allegedly attributed to the applicant, in the status report, will be proved, during the trial. Moreover, the bail application cannot be rejected, as a matter of punishment, as, punishment can only be inflicted, after the conclusion of trial. 23. The applicant is presumed to be innocent and his conviction, in FIR No.41 of 2011, dated 08.02.2011, registered under Sections 279, 337, 338 of IPC, with Police Station Indora, on 05.10.2017, is too short to take away the presumption of innocence, from him. 24. The investigation, in the present case, is almost complete and no useful purpose would be served, by dismissing the present application, which resulted into his judicial/police custody. 25. Police is not able to make out a case for custodial interrogation of the applicant and the role, allegedly played by the applicant, will be proved, during the pendency of the trial. 26. Considering all these facts, this Court is of the opinion that the interim order, dated 31.12.2024, is liable to be confirmed. Consequently, interim order, dated 31.12.2024, is made absolute, subject to the following conditions: a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; d) That the applicant shall 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 appropriate application; 27. 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. 28. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 29. 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. 28. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 29. 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.