1 ( 2025:HHC:330 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.2703 of 2024 a/w Cr.MP(M) No.2704 of 2024 Date of Decision : 02.01.2025 Cr.MP(M) No.2703 of 2024 Jiban Singh …… Petitioner Versus State of Himachal Pradesh ……Respondent Cr.MP(M) No.2704 of 2024 Manoj Kumar Bisht …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner(s) : Mr. Vinod Sharma, Advocate. For the respondents : Mr. Raj Kumar Negi, Additional Advocate General, for the State. Mr. Kailash Negi and Mr. Daleep Chand Kaisth, Advocate, for the complainant. Bipin Chander Negi, Judge (oral) 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:330 ) Both these petition are being taken up together for disposal as they arise out of the common FIR. 2. By way of instant petitions, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners are seeking bail in case FIR No.69 of 2024 dated 29.11.2024, registered at Police Station, Bhawanagar, District Kinnaur, Himachal Pradesh, under Section 352 of the Bharatiya Nyay Sanhita, 2023, Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. I have heard learned counsel for the parties and have gone through the record. 4. The brief facts giving rise to the present petition are that the victim and the bail petitioners work in the Power Project being run by the JSW at Wangtu Karchham, District Kinnaur, Himachal Pradesh. The allegations made against the bail petitioners by the victim is that on 28.11.2024, while the victim was on duty, the petitioners in inebriated state had abused the victim. The language used was derogatory, un-parliamentary and was casteist in nature. 5. Learned Additional Advocate General submits that the investigation, in the case at hand, are almost complete as only SFSL report remains to be obtained. On receipt of the same, Challan shall be presented before the appropriate Court of law. Custodial 3 ( 2025:HHC:330 ) interrogation of the accused is not required, in the case at hand. No recovery has to be instituted from the bail petitioners. From the status report, it is also evident that the petitioner-Manoj Kumar Bisht does not have any criminal antecedents. 6. At the stage of bail, detailed analysis of evidence has to be avoided and commenting on the same would prejudice the case either of the parties at trial. Guilt is to be ascertained at trial. 7. 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. 8. 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. 9. 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. 10. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioners whereby it can be made out that the petitioners are likely to betray the confidence, that the 4 ( 2025:HHC:330 ) Court may place in them to turn out to take justice at the hands of the Court. 11. The charges against the petitioners are yet to be proved. Pre trial incarceration is not the rule. Detailed examination of evidence collected is not required to be done at this stage. The petitioners are permanent residents of Village & Post Office, Urni, Tehsil Nichar, District Kinnar and village Bhajraha, Post Office, Nirmand, Tehsil Nirmand, Himachal Pradesh, respectively and the respondent-State has not expressed any apprehension of the petitioners fleeing from justice. In any case, the petitioners can be put to terms for the purpose of safe, secure and unobstructed completion of trial. 12. Accordingly, present petitions are allowed. Interim protection dated 02.12.2024 is made absolute, subject to following conditions:- “(i) The petitioners shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency.; (ii) The petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever.; (iii) The petitioners shall not contact the complainant, threaten or browbeat him or to use any pressure tactics in any manner whatsoever.; (iv) The petitioners shall not leave India without prior permission of the Court.; (v) The petitioners shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the 5 ( 2025:HHC:330 ) facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer; (vi) The petitioners shall attend the trial on every hearing, unless exempted in accordance with law. (vii) The petitioners shall inform the Station House Officer of the concerned Police Station about their places of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish furnish details of their Aadhar Cards, Telephone Numbers, E-mails, PAN Cards, Bank Account Numbers, if any. (viii) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected; 13. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. 14. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. Downloaded copy of this judgment is valid for compliance. (Bipin Chander Negi) January 02, 2025 (KS) Judge