JUDGMENT : Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Pankaj Kumar has sought his release, on bail, during the pendency of the trial, in case FIR No.02 of 2024, dated 01.01.2024, registered under Sections 306, 384, 201 and34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Fatehpur, District Kangra, H.P. 2. According to the applicant, he has falsely been implicated and arrested, in this case. 3. As per the applicant, he has no concern whatsoever with the crime, as alleged against him. 4. Investigation, in the present case, is stated to be completed and according to the applicant, nothing is to be recovered from him or at his instance. Charge-sheet is also stated to have been filed, in this case. The applicant is stated to be in judicial custody since January, 2025. 5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, Himachal Pradesh. However, the same was dismissed, vide order dated 01.04.2025. 6. Apart from this, Mr. Rakesh Kumar Chaudhary and Mr. Panku Chaudhary, Advocates, have given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 7. On the basis of the above facts, a prayer has been made to allow the bail application. 8. When, put to notice, the police has filed the status report, disclosing therein, that on 01.01.2024, Harpal Singh, S/o Mangat Ram, telephonically informed the police that dead body of his nephew Manish Kumar is found hanging from a tree in Jamludi forest and requested to come and take action. The missing report of said Manish Kumar was lodged by complainant on 31.12.2023, upon which, ASI Bhajan Singh, the then Incharge, Police Post Ray, along with other police officials, reached at the spot. At the spot, dead body of Manish Kumar was found hanging with rope tied to a branch of the tree. Photography was done. 8.1. The missing report of said Manish Kumar was lodged by complainant on 31.12.2023, upon which, ASI Bhajan Singh, the then Incharge, Police Post Ray, along with other police officials, reached at the spot. At the spot, dead body of Manish Kumar was found hanging with rope tied to a branch of the tree. Photography was done. 8.1. It is the case of the police that at the spot, complainant-Harpal Singh made a statement, under Section 154 of CrPC, disclosing therein, that Manish Kumar, aged about 26 years, was his nephew, who was working as a Tractor Driver. On 27.12.2023, Manish Kumar had attended his work, but, on 28.12.2023, Manish Kumar had not attended the work. When enquired, no whereabouts of Manish Kumar could be found, as, he was not found in his house. 8.2. On 30.12.2023, at about 05:10 am, Manish Kumar sent a message on the mobile phone of the complainant, contents of which are reproduced as under, which have been mentioned in the statement, under Section 154 of CrPC,:- “HARPAL CHACHA JI PLEASE MUJHE MAFE KR DENA MAIN 28 TARIK SE BAHUT JYADA PARSHAN HU MUJHE FACEBOOK PR EK LADKI NE FRD REQUEST BEJI THI FIR MANIE EQCPET KR LI FIR USNE MUJHE BOLA KI APP MUJHE SE DOSTI KARUGE TO MANIE BOLA THIK H FIR USNE MERA WHATSAPP NO 7876517058 MAGA MANIE DE DIYA FIR USNE MUJHE WHATSAPP PR MSG KIYA USKE BAAD USNE MUJHE MERI PIC MAGI PIR USNE MERI DIDI KI PIC MAGI TO MAIN DE DI USKE BAAD USNE MUJHE VIDEO CALL KI AUR BOLA KI AAJ SEX KRNA H USKE BAD USNE PEHLE APNE KAPDE UTARE FIR MAINE PR USNE MERI VIDEO SAVE KR LI USNE MUJHE BOLA KI AAB M TERI VIDEO SARI DUNIYA KO BATA DUGI AUR YOU TUBE PR VE VIRL KR DUGI TUJHE M BARBAD KAR DUGI FIR USNE BOLA KI VIDEO DELETE KRNE K LIYE MUJH SE 11000 RUPYE MAGE TO MANIE DE DIYA FIR USNE MERI VIDEO DELETE NHI KI AB MUJH SE 21000 PAISE MAGE HAI M AB BAHUT JYADA TENSION M HU AB M SUSSAIDE KRNE JAA RHA HU BAKI SAB MERE WHATS PR CHAT H USKA NAM SANIYE JAIN H AUR M??? ???? ???? SHIM BE TOD DI HAI MERE SATH PEHI BAR HUA H M MARNE JAAA RHA HU SRY AUR MUJHE BAHUT JYADA BALCK MAIL KR RAHI H, HARPAL CHACHA JI MEIN SUSSAIDE KRNE JAA RHA HU PLEASE MUJHE MAAF KAR DENA MEIN AAJ MORNING SE KUCH BE NHI KHAYA H BAHUT JYADA PARESHAN HU AAR MAIN AAJ BAHUT JYADA ROAYA HU SRY.” 8.3. The complainant has further got recorded that regarding the said message, he has apprised the father of Manish Kumar and his family members and thereafter, they searched for Manish Kumar, but, he was not found anywhere. Consequently, on 31.12.2023, a missing report was lodged with Police Post Ray. On 01.01.2024, Manish Kumar was found hanging from a tree in Jamludi forest. During the inspection of the dead body, from the lower, worn by Manish Kumar, a mobile phone and in other pocket, weedicide make Fighter, were found. 8.4. According to the complainant, his nephew Manish Kumar has taken his life due to the fact that one lady, namely Sania Jain, had threatened him to make the obscene video of Manish Kumar viral and also due to demand of money by the said lady. As such, he has prayed that the action be taken against said Sania Jain. 8.5. Consequently, police registered the case, under Section 306 of IPC. Initial investigation was conducted by ASI Bhajan Singh, the then Incharge, Police Post Ray. Physical evidence on the spot was taken into possession. The father of deceased Manish Kumar has also produced the mobile phone, bearing SIM No.86290-47058, which was also taken into possession. 8.6. During investigation, the photocopy of statement of account of Manish Kumar was obtained, as, it was found during the investigation that Manish Kumar, at the instance of the fraudster, has transferred a sum of Rs.11,000/-, on 29.12.2023. The said document was obtained from Lokmiter Kendra. 8.7. Thereafter, on account of transfer of ASI Bhajan Singh, further investigation of the case was entrusted to ASI Vikas Deep. Subsequently, the Incharge, Cyber Cell had made correspondence with Nodal Officer of Paytm and it was found that mobile phone No.97841-40711 was found connected with A/c No.2185104000005852, IFSC Code IBKL0002185 of Branch IDBI Bank, Mudiya, near Shiv Petrol Pump, Malakhera, Alwar, Rajasthan, upon which, ASI Vikas Deep had gone to the Bank and obtained KYC document. Subsequently, the Incharge, Cyber Cell had made correspondence with Nodal Officer of Paytm and it was found that mobile phone No.97841-40711 was found connected with A/c No.2185104000005852, IFSC Code IBKL0002185 of Branch IDBI Bank, Mudiya, near Shiv Petrol Pump, Malakhera, Alwar, Rajasthan, upon which, ASI Vikas Deep had gone to the Bank and obtained KYC document. As per document, the said account was found to be in the name of Sachin, S/o Rakhi Ram, R/o Village and PO Lili, Tehsil Malakhera, District Alwar, Rajasthan. Statement of the Bank Manager of said IDBI Bank was recorded. 8.8. It is the further case of the police that thereafter, Sachin was associated in the investigation, who has disclosed that the said amount of Rs.11,000/- was got deposited by Pankaj, S/o Bhoop Singh, R/o Village and PO Sehadampur, PS Govindgarh, Tehsil and District Alwar, Rajasthan (applicant). After withdrawing the amount, the same was handed over to Pankaj (applicant). Thereafter, Sachin and Pankaj (applicant) were directed to come present at Police Station Fatehpur for investigation. The printouts of the suicide note were also taken into possession. Both were arrested. 8.9. During investigation, it has been disclosed by accused Pankaj (applicant) and Sachin that SIM No.98617- 69538 was destroyed by them. As such, Section 201 of IPC has been added, in this case. 8.10. It is the further case of the police that details, regarding the deposit of Rs.11,000/- in the account of Sachin, have also been obtained from PNB Dhameta. 8.11. As per the police, the accused persons had purchased fake SIM No.98617-69538. The Consumer Application Form was obtained, according to which, the said SIM has been issued in the name of Sundar Kant Murmu, S/o Vishawnath, R/o Balidiha Mayurbhanj, Odisha. When, the police team visited the said place, no one was found residing there. 8.12. As per CDRs, location of Pankaj (applicant), on 30.10.2023, was found to be in the village of accused Sachin, whereas, the village of Pankaj (applicant) is about 40 km away from there. 8.13. After completion of the investigation, charge- sheet has been filed, which is pending adjudication in the Court of learned Additional Sessions Judge, Nurpur and now, the case is stated to be listed on 26.05.2025 for consideration on charge. 8.14. 8.13. After completion of the investigation, charge- sheet has been filed, which is pending adjudication in the Court of learned Additional Sessions Judge, Nurpur and now, the case is stated to be listed on 26.05.2025 for consideration on charge. 8.14. Lastly, it has been apprehended in the status report that in case, the applicant is ordered to be released on bail, he may again indulge in the similar criminal activities and will play with the life of other people. Another apprehension has also been expressed that in case, the applicant is ordered to be released on bail, he may not be available for the trial. However, no other case is stated to have been registered against the applicant. 9. On the basis of above facts, a prayer has been made to dismiss the bail application. 10. In the present case, investigation, in the present case, is complete and the police has submitted the challan, in the competent Court of law. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 11. The role, allegedly attributed to the applicant, in the commission of crime in question, will be proved, during the trial. 12. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, the punishment can only be inflicted, after the conclusion of trial and in the present case, the chances of conclusion of trial against the applicant, in near future, are not so bright. As such, he cannot be kept in judicial custody, that too, for the indefinite period. 13. Except the present case, no other criminal history of the applicant has been mentioned in the status report, nor the same has been argued by learned Additional Advocate General, during the course of arguments. As such, it can be held that the presumption of innocence is still available to the applicant. 14. Moreover, at the time of deciding the bail application, detailed discussion about the evidence, so collected by the police, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused (applicant). 15. So far as the apprehensions, which have been expressed by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, upon the applicant, in case, ordered to be released on bail. 16. 15. So far as the apprehensions, which have been expressed by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, upon the applicant, in case, ordered to be released on bail. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released, on bail, in case FIR No.02 of 2024, dated 01.01.2024, registered under Sections 306, 384, 201 and 34 of the IPC, with Police Station Fatehpur, District Kangra, H.P., on his furnishing personal bonds in the sum of Rs.1,00,000/-, with two sureties of the like amount, to the satisfaction of the learned trial Court. 18. This order, however, shall be subject to the following conditions:- a) The applicant shall make himself 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court. 19. 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. 20. 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 to be violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Dharamshala, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Dharamshala, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, applicant is not released within a period of seven days, from the date of grant of bail, the Superintendent of District Jail, Dharamshala, District Kangra, H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of District Jail, Dharamshala, District Kangra, 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.