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SATYEN VAIDYA
Yuvraj Singh Jadeja – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioner has prayed for grant of bail in case FIR No. 93 of 2022, dated 13.8.2022, under Sections 302, 120-B and 201 of IPC, registered at Police Station, Keylong, District Lahaul Spiti, H.P.
2. Petitioner was arrested on 03.09.2022. He remained in police custody till 14.9.2022 in the first instance and thereafter from 16.9.2022 to 19.9.2022. Petitioner is in judicial custody since 19.9.2022.
3. Brief facts necessary for adjudication of the petition are that the petitioner was married to Ms. Nidhiba (now deceased) on 05.02.2022 in Ahmedabad. Petitioner and his wife (deceased Ms. Nidhiba) undertook a pleasure trip to Leh-Ladakh in the month of July, 2022 through a Travel Agency named “Zoyo Trip Holidays” (a unit of Manali-Leh Adventure). On return journey, they halted at a place named “Jispa” in Lahaul-Spiti District, Himachal Pradesh. The travel agent had booked their stay in Himalayan Spirit Camp, Jispa, which had “tented” accommodation. Petitioner and deceased stayed in a tent, which was pitched near to the ‘Bhaga River’. During mid-night, the body of Ms. Nidhiba was found, half floating in ‘Bhaga River’ with her left leg str
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The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
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