IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Kamlesh Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The applicants, have filed the present applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 20 of 2025, dated 18.3.2025, registered under Sections 316 (2) and Section 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station, Pachhad, District Sirmour, H.P.
2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case.
3. According to the applicants, they are innocent persons and have falsely been implicated, in the present case.
4. According to the applicants, applicant Abhishek Rana has lodged an FIR with the Police Station, Naya Gaon, District SAS Nagar, under Section 420 of the IPC, against the complainant, and the present case is the counter blast to the said FIR.
5. The applicants have given certain undertakings, for which, they are ready to abide by, in case, relief is granted to them, under Section 482 of BNSS.
6. When, put to n
The presumption of innocence must be upheld, and pre-trial punishment is prohibited, allowing bail under specified conditions.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Pre-trial custody is prohibited as punishment; bail may be granted if investigation is complete and no purpose is served by continued detention.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
The court established that pre-trial punishment is prohibited and justified the bail grant based on completed investigation and parity with a co-accused.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
The court granted bail based on the completion of investigation, lack of evidence for custodial interrogation, and absence of convictions in previous cases.
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 court emphasized the presumption of innocence and the prohibition of pre-trial punishment, allowing bail based on the completion of investigation and parity with co-accused.
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