IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1995 of 2025 Decided on 17th October, 2025 ___________________________________________________ Satinder Singh @ Sunny ……….. petitioner Versus State of Himachal Pradesh and another ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sunny Rawat, Advocate. For the respondents : 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.251 of 2024, dated 28.08.2024, registered at Police Station, Una Sadar, District Una, H.P., under Sections 304,, 62, 115(2) & 3(5) of BNS, registered in Police Station Una Sadar, District Una H.P. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The facts giving rise in the case at hand are that on 26.8.2024, a telephonic intimation was received from Raj Kumar at Police Station, Una with respect to some unknown persons fighting with the staff of Swami Filling Station at Samoor Kalan. On receipt of the aforesaid intimation, Head Constable Satish 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 Kumar alongwith other police officials went to Swami Filling Station at Samoor Kalan. On reaching the said spot, they met Suresh Kumar, Rajesh Kumar and Rahul. Rahul had been injured in the scuffle with unidentified individuals. The said Rahul filed a complaint with Head Constable Satish Kumar. In the complaint, it was stated that he had been working at Swami Filling Station for about last five years. On 26.8.2024 at about 3.00 A.M. to 3.15. A.M while he was sleeping at the petrol pump, three persons on motorcycle came to fill petrol in their motorcycle. They repeatedly blew their horn, as a consequence whereof, Rahul woke up. He filled petrol worth Rs.890/- in the motorcycle. When he asked for the payment, the individuals who had come on the motorcycle told him that they would make payment through Google Pay and that their friends was coming, who would make the payment. Thereafter they tried to speed away without making any payment, when Rahul tried to stop them, the three individuals attacked him, as a consequence whereof, he received injuries. During the ensuing scuffle, he raised a hue and cry, as a sequel whereto one of his co-workers Gurpreet came out. In his complaint, he further alleged that he could not see the faces of the individuals as they had covered/concealed their faces. 4. On 31.8.2024, Sub Inspector Chetan Singh telephonically informed the Police Station at Una that accused Bhupender Bhupal and Arshdeep Singh, who had been arrested in case FIR No. 96/2024 dated 27.8.2024 under Section 310(2) 3 registration at Police Station Haroli, during investigation had disclosed about attacking employees of the petrol pump at Samoor Kalan. During interrogation, the aforesaid two accused had claimed that the present bail petitioner had attacked the salesmen of the petrol pump at Samoor Kalan with them. 5. The investigation, in the case at hand, is complete. No further recoveries have to be instituted from the present bail petitioner. The guilt of the present bail petitioner, if any, shall be determined during the trial. At this stage, it would not appropriate to comment upon the evidence collected during investigation as the same may be prejudicial to the interests of either parties. 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 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 4 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. 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, the petitioner can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 11. 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 14.08.2025 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; 5 (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. 12. 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. 13. 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 . 14. In view of the above, the petition stands disposed of. (Bipin Chander Negi) Judge 17th October, 2025 KS