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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Gurmeet Singh Alias Chidu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Gurmeet Singh @ Chidu, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') with a prayer to release him on bail, during the pendency of trial, in case FIR No.157 of 2024, dated 30.06.2024, registered, under Sections 307, 506, 201 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and Sections 25 & 27 of the Arms Act, 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. As per the applicant, he has no role to play in the crime, in which, he has been named as accused. Investigation, in the present case, is stated to be completed and nothing is to be recovered from the applicant or at his instance.
4. Apart from this, learned counsel for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail.
5. The applicant has also tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh,
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.
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.
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 granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
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 granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
The presumption of innocence remains until proven guilty, and bail may be granted if the contraband does not meet the definition of commercial quantity under the NDPS Act.
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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