Back
IN THE HIGH COURT OF HIMACHAL PRADESH
HON'BLE MR. JUSTICE VIRENDER SINGH
Rajeev – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Virender Singh, J.
The above-titled bail applications are being disposed of by this common order, as, all the bail applications have been filed, in the same FIR, i.e. FIR No.12/2025, dated 22.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 115(2), 126(2), 189(2), 190, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) andSection 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC&ST Act’), with Police Station Nankhari, District Shimla, H.P.
2. These bail applications have been filed by the above-named applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), by surrendering themselves to the custody of this Court, for releasing them on bail in FIR in question.
3. According to the applicants, they are innocent persons and have falsely been implicated, in the present case.
4. As per applicants, they are ready to abide by any conditions, imposed by this Court, in case, ordered to be released on bail, in the abovesaid case.
5. On the basis of above facts, Mr. Balwant Singh Thakur, Adv
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
Bail applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.
The court granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
The court ruled that bail should be granted when custodial interrogation is not required and the investigation is complete, emphasizing the applicant's availability for trial.
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 under law; bail cannot be denied without evidence necessitating custodial interrogation.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
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 cannot be denied as a form of punishment; applicants cooperating with the investigation are entitled to release.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
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
