IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No.2944 /2024. Date of Decision: 24th January, 2025. Bhag Chand .....Petitioner Versus State of Himachal Pradesh and Another …..Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ashok K. Tyagi, Advocate. For the Respondent: Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondent-State. DYSP Mukesh Kumar, SDPO, Sangrah, District Sirmaur, HP is present in person. Complainant is present in person. Bipin Chander Negi, Vacation Judge (oral). The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.66 of 2024, dated 14.12.2024, registered at Police Station Sangrah, Tehsil Sangrah, District Sirmaur, HP under Sections 333, 115(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)V(a) of SC and ST (Prevention of Atrocities) Act. 2. Heard counsel for the parties and perused the status report. 3. The incident in the case at hand is dated 13.12.2024. The said incident had occurred in the evening. The FIR was got registered on 14.12.2024. The complainant belongs to the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Scheduled Caste category. She is married and has two sons and a daughter. The elder son and the husband of the complainant usually remain away from the home on account of work. The complainant resides with her younger son and daughter. 4. As per the prosecution, at about 6:15 pm, on 13.12.2024, the bail petitioner came to the house of the complainant kicked the door open and started beating her with his slippers (chappal). The entire episode is stated to be videographed and the same has been taken on record during the investigation. Insofar as medical of the complainant is concerned, she refused to get herself medically examined, as according to her, she has not been injured during the said incident. The dispute in the case at hand pertains to cutting of grass on land qua ownership of which, is disputed. 5. Investigation is complete. In the aforesaid facts and attending circumstances, respondent/State submits that nothing has to be recovered from the bail petitioner and neither is his custodial interrogation warranted in the facts and circumstances of the case. 6. Learned Addl. Advocate General submits that the bail petitioner had been cooperating, in the case at hand, an\yd had participated regularly in the investigation. The purpose of bail is to secure the presence of accused at the trial. No criminal antecedents of the bail petitioner have been highlighted in the status report. No adverse material has been placed on record 3 by the prosecution, wherefrom it may be deduced that the bail petitioner would not turn out for trial. 7. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. 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 8. The petitioner is a permanent resident of Village Kando, PO Jarag, Tehsil Sangrah, District Sirmaur, HP and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the petitioner can be put to terms for the purpose of safe, secure and unobstructed completion of trial. 9. Accordingly, the bail application is allowed and interim protection dated 24.12.2024 is made absolute, subject to following conditions:- (i) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law. (ii) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.; (iii) The petitioner shall not contact the complainant, threaten or browbeat him or to use any pressure tactics in any manner whatsoever; (iv) Petitioner shall not make any inducement, threat The petitioner shall not leave India without prior permission of the Court.; (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 4 disclosing such facts to the Court or any Police Officer; (vi) 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 10. 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. 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) Vacation Judge 24th January, 2025 (Gaurav Rawat)