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SATYEN VAIDYA
Sangat Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
These two petitions have been heard together and are being decided by a common order as common questions of facts are involved. Both bail petitions have arisen out of the same FIR.
2. Petitioners have prayed for grant of bail in case FIR No.255 of 2022, dated 20.7.2022, under Sections 302, 147 and 149 of IPC, registered at Police Station, Sadar Kullu, District Kullu, H.P.
3. Brief facts necessary for adjudication of petitions are that on 19.7.2022 police recorded the statement of one Pratik Kundu under Section 154 Cr.P.C. regarding the incident in question. It was reported that on 14.7.2022, the complainant alongwith his four other friends namely Tushar, Sudhir, Nitin and Rohit reached Manikaran in District Kullu in their personal vehicle. They stayed at Manikaran on 15.7.2022. On 16.7.2022, all of them visited Barshaini in the vehicle and thereafter started tracking towards Khir Ganga. They reached Ice-Point at about 5.45 p.m. It was drizzling. They sat on the chairs in a café. While they were gossiping amongst themselves, some persons were having liquor in the adjoining shed. Two persons came to them and asked as to what were they talking about. They got
Point of Law : Grant of bail is rule and refusal is exception.
Grant of Bail – Investigation completed – Conditions imposed.
Grant of Bail - Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused ....
Grant of bail is the rule and refusal is the exception.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The court established that prolonged incarceration without trial is unjust, reinforcing the principle that bail is the norm in criminal proceedings.
The legal position established that the accused should not be detained by way of punishment, and the material witnesses cannot be expected to be won over by the accused.
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