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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Naveen Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Virender Singh, J.)
The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 6 of 2025, dated 19.3.2025, registered under Sections 137 (2), 87, 64, 249 and 61(2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 6, 7 and 21 of Protection of Children from Sexual Offences (hereinafter referred to as ‘the POCSO Act’), with Police Station, Moorang, District Kinnaur, 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. According to the applicant, he is not aware about the factum that the child victim and his minor son, are in love affair, with each other.
4. The contents of the FIR are stated to be result of consultation and deliberation. The applicant is stated to be not required by the Police, for custodial interrogation, as, he is innocent person.
5. The applicant has tried his luck by moving application No. 51 of 2025, befor
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
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 applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
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 presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
Bail cannot be denied as a punitive measure; the prosecution must establish its case independently, and the completion of investigation warrants release.
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