IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Akhil Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Akhil Rana, apprehending his arrest, in case FIR No. 21 of 2025, dated 28.01.2025, registered, under Sections 498-A, 354, 323, 504, 506 and 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) with a prayer to direct the Police/ Investigating Officer of Police Station Palampur, District Kangra, H.P. to release him on bail, in the event of his arrest.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case. He has termed the entire allegations, which have been levelled, in the FIR, against him, as false.
3. Apart from this, the applicant has given the history of litigation, which have taken place between him and the complainant, who had lodged the FIR.
4. On the basis of the above facts, the applicant has given certain undertakings, for which, he is ready to abide by, in case, any direction, under Section 482 of the BNSS is issued by this Court.
5. Hence, a prayer has been made that the I.O., Police Station Palampur, may kindly be directed to release the appli
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
The court ruled that bail can be granted when specific allegations are lacking and the applicant cooperates with the investigation, emphasizing that pre-trial punishment is prohibited.
Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.
Bail can be granted when investigation is complete, and the accused is not a habitual offender, provided conditions are imposed to ensure trial attendance and evidence integrity.
The court confirmed interim bail, emphasizing the presumption of innocence and prohibiting pre-trial punishment, while imposing conditions to ensure the applicant's presence at trial.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
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