IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Munish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Manish has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNS’) in case FIR No. 6 of 2025, dated 12.2.2025, registered under Sections 69 and 351 (2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) with Women Police Station, Bilaspur, District Bilaspur, H.P.
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case.
3. Relief, as claimed in the application, has been sought on the ground that he is innocent person and has falsely been implicate in this case.
4. According to the applicant, he is permanent resident of District Mandi, as such, he is having deep roots in the society, and in case, he is arrested in a false case, it will ruin his reputation, in the society.
5. The applicant has termed the case, as mentioned, in the FIR, as false, and according to him, he is ready to abide by any conditions, to be imposed, by this Court, in case, any order
The court emphasized that pre-trial punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.
The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
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.
The court emphasized that pre-trial detention is prohibited as a form of punishment, affirming the presumption of innocence and allowing bail based on the applicant's age and lack of criminal history....
Bail applications should avoid prejudging the merits of the case, maintaining the presumption of innocence until proven guilty.
Pre-trial punishment is prohibited; bail was granted as there's no prior record and custodial interrogation was unnecessary, ensuring cooperation in investigation.
Bail cannot be denied as punishment; the court must consider the totality of circumstances, including the nature of allegations and the applicant's cooperation with the investigation.
The main legal point established in the judgment is that bail can be granted based on the completion of investigation, the petitioner's residence, and the overall facts of the case, including the med....
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
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.
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