IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1310 of 2025 Decided on 6th August, 2025 ___________________________________________________ Jaskaranpreet Singh ……….. petitioner Versus State of Himachal Pradesh and another ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sunny Rawat, Advocate. For the respondent : Mr. Manish Thakur, Deputy Advocate General. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present anticipatory bail petition has been filed under Section 482 of the BNSS for grant of anticipatory bail, in FIR No.96 of 2024, dated 28.08.2024, registered at Police Station, Haroli, District Una, H.P., under Sections 310 (2), 310(5), 126(2), 351(3), 238 of the BNS, 2023. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The FIR in the case at hand was registered on the basis of a complaint dated 27.08.2024 filed by one Avtar with SHO Police Station, Haroli. In the complaint, it is alleged that on 26.08.2024 at about 6.00 A.M. Avtar (complainant) was travelling on his motorcycle to Jajon. A kilometer beyond a place called Polian, six persons on two motorcycles had waylaid him. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 4. One of the six, who was wearing a T-shirt bearing No. “10” on the back threatened to kill the complainant. The said individual brandished a Kirpan and took out Rs.5,000/- from the pocket of the complainant. 5. During investigation, CCTV footage of government and private cameras installed in the area were checked. On checking the CCTV footage, six persons on two motorcycles were found crossing Polian barrier at about 5.27 A.M. All individuals travelling on the motorcycles had covered their faces with clothes. On the basis of CCTV camera footage taken into possession, some of the accused in the case at hand were identified. 6. On 30.08.2024, one Arshdeep and Bhupender were arrested from ISBT Amritsar. During investigation, they had revealed the names of the other co-accused namely (Dalwinder Singh, Satinder Singh, Jaskaranpreet Singh (bail petitioner) and Raman). Accused Dalwinder Singh was arrested on 05.09.2024. 7. From a perusal of the status report, it is evident that the investigation in the case at hand is complete. Insofar as it pertains to the present bail petitioner, Arshdeep, Bhupender Singh and Dalwinder Singh, challan stands presented on 27.11.2024. The matter is now listed for consideration of charge before the trial Court. During the pendency of the present petition, the complainant is stated to have compromised the matter with the family members of the accused. The said fact has been 3 confirmed by the respondent and in this respect appropriate status report stands filed and placed on record. 8. The investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. 9. 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. 10. 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. 11. 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. 12. 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. 13. The petitioner is a permanent resident of Village Chak Nariyal, Post Office Fatehpur Kothi, District Hoshiarpur, Punjab H.P. and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, 4 the petitioner can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 14. 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 interim order dated 06.06.2025 is confirmed. 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) that he 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 any facts to the Court or the police; (iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner; (iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that he will not leave India without prior permission of the Court; & (vi) 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. 5 15. Needless to say that investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner. 16. 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 . 17. In view of the above, the petition stands disposed of. (Bipin Chander Negi) Judge 6th August, 2025 Tarun