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SATYEN VAIDYA
Joginder Rajput – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is accused in case FIR No. 49 of 2022, dated 21.7.2022, registered under Sections 302, 201 and 120-B IPC, at Police Station, Jhandutta, District Bilaspur, H.P.
2. Brief facts necessary for adjudication of the petition are that a boy named Ankit Kumar alias Anku aged about 19 years, resident of Village Samoh, Tehsil Jhandutta, District Bilaspur, H.P. was student of Polytechnic Institute at Village Kalol, District Bilaspur. On 13.7.2022 Ankit Kumar alias Anku left his native village to join his College by personal vehicle bearing registration No. HP-69A-1984 (Alto K-10). The vehicle belonged to his maternal grandmother. In the evening of 14.7.2022, Ankit Kumar alias Anku left for his native village from village Kalol. At about 8.30 p.m., he telephonically informed his mother that he had reached village Baroha and would reach home within 10-15 minutes. Ankit Kumar alias Anku, however, did not reach home that night. Next morning at about 8.30 a.m. father of Ankit Kumar alias Anku noticed the vehicle No. HP-69A-1984 parked behind the house of Jodh Singh. Thereafter, search was launched for Ankit Kumar alias Anku, but he could not be found anywhere. O
Detention in custody of under-trial prisoners for an indefinite period would amount to violation of Article 21 of Constitution.
Pre-trial incarceration cannot be ordered as a matter of rule.
Grant of bail is the rule and refusal is the exception.
Under Section 439 CrPC, prolonged pre-trial custody, lack of direct evidence, and the presumption of innocence support the grant of bail, especially when co-accused have been released.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
(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 ....
The court ruled that the seriousness of the charge under Section 302, supported by incriminating evidence, justifies denial of bail, emphasizing the necessity of ensuring justice and community safety....
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.
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