1 ( 2025:HHC:828 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.2854 of 2024 Date of Decision : 04.01.2025 Bansh alias Yuvansh …… 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 : Mr. Ankush Dass Sood, Senior Advocate with Ms. Shweta Joolka and Mr. Gaurav Bhardwaj, Advocate. For the respondent : Mr. Raj Kumar Negi, Additional Advocate General. Bipin Chander Negi, Judge (oral) The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for grant of anticipatory bail in case FIR No.108 of 2024 dated 18.09.2024, under Sections 118(2), 126(2), 115(2), 191(2) and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station, Damtal, District Kangra Himachal Pradesh. 2. The brief facts giving rise to the present petition are that on 18.09.2024 at about 3:40 p.m., when the complainant, i.e., Lucky along with his nephew were going to Government Middle School near Hanuman Mandir, Dhgupeer for playing volley ball, they were approached by an unknown person who was riding a white coloured 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:828 ) motorcycle. The said individual had inquired from Nikhil (victim), as to whether he knew him. Nikhil had categorically replied that he did not know the said individual. On this, the said individual had entered into a scuffle with Nikhil. In the meanwhile, a black coloured vehicle reached the spot. From the said vehicle, four individuals namely Kali, Bansh, Akshay and one individual, whom the complainant and the victim could not recognize, came out. Kali, Akshay and Bansh (the present bail petitioner) were carrying a sharp edged weapon in their hands. Kali had hit Lucky (complainant) on his arm with the sharp edged weapon, which he was carrying in his hand. Similarly, the unknown individual who was traveling on the motorcycle and who had initially confronted the complainant and the victim and thereafter entered into a scuffle with the victim, had hit Nikhil with a sharp edged weapon which he was allegedly carrying in his hand. The complainant and the victim were rescued by one Himanshu. The allegations against the present bail petitioner is that he along with others was present on the spot, where the incident in question had occurred. He was carrying a sharp edged weapon in his hand. It is further alleged by the prosecution that the bail petitioner along with an unknown individual who had come in a black coloured vehicle and Akshay had tried to abduct the victim (Nikhil). 3. Initially, on 14.11.2024, the present bail petitioner had preferred a bail application before learned Additional Sessions Judge, Nurpur, District Kangra, Himachal Pradesh. Thereafter, the bail 3 ( 2025:HHC:828 ) petitioner preferred the present bail petition, on 13.12.2024. On the said date, interim protection was granted to the present bail petitioner, as a consequence whereof, the present bail petitioner has joined investigation. The other co-accused, in the case at hand, are absconding. 4. I have heard learned counsel for the parties and have gone through the record. 5. Learned Additional Advocate General submits that the investigation, in the case at hand, is complete. During investigation, as per the status report, the bail petitioner has participated in the investigation. Recoveries have been instituted from the bail petitioner. In view thereof, custodial interrogation of the bail petitioner is not required, in the case at hand. 6. 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. 7. 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. 8. 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 4 ( 2025:HHC:828 ) contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 9. 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. 10. Petitioner is permanent resident of B-XV/243-B, Sunder Nagar, Tehsil and District Pathankot (Punjab). The respondent/State has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 11. From the status report, so filed, it is evident that the petitioner does not have criminal antecedents. There is no possibility of flight risk in the case at hand. 12. Accordingly, present petition is allowed. Interim protection dated 13.12.2024 is made absolute, subject to following conditions:- “(i) The petitioner 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 petitioner 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 petitioner shall not leave India without prior permission of the Court.; 5 ( 2025:HHC:828 ) (v) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer; (vi) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law. (vii) The 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 furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any. 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 04, 2025 (KS) Judge