Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Ajay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Ajay Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the ' BNS S '), with a prayer to release him on bail, during the pendency of trial, in case FIR No.207 of 2024, dated 25.08.2024, registered, under Sections 103 , 127(2) , 125(b) , 61(2) , 3(5) of the Bharatiya Nyaya Sanhita , 2023 (hereinafter referred to as the ‘ BNS ’), with Police Station Baddi, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.
3. The applicant has termed the entire case of the prosecution as false and frivolous, as there is nothing on the record to connect the applicant with the alleged crime.
4. It is the further case of the applicant that the prosecution could not collect any evidence to connect him with the alleged offence.
5. According to the applicant, he is a young man of 22 years and in case, he is kept in the judicial custody, it would adversely affect his future.
6. As per the applicant, he has been kept in column No.12, as suspect, in the report under Section 173(2) Cr.PC.
7. According to
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
The absence of direct evidence against the applicant and the completion of the investigation justified the grant of bail, emphasizing the principle of parity with co-accused.
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
The presumption of innocence mandates that an accused cannot be held in custody indefinitely without evidence, and bail should be granted when custodial interrogation is no longer necessary.
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 emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
Bail cannot be denied as a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
