IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Dinesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Apprehending his arrest, in case FIR No.13/2025 dated 13.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 64, 308(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Khundian, District Kangra, H.P., applicant-Dinesh Kumar has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Khundian, District Kangra, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. The said relief has been sought on the ground that he is innocent person and has falsely been implicated, in this case.
4. According to the applicant, he is permanent resident of the address, as mentioned in the application and belongs to the respectable family, having deep roots in the society.
5. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is
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 under law; bail cannot be denied without evidence necessitating custodial interrogation.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the applicant is presumed innocent until proven guilty.
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.
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.
Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.
The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.
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