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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Pankaj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Pankaj Kumar has sought his release, on bail, during the pendency of the trial, in case FIR No.02 of 2024, dated 01.01.2024, registered under Sections 306, 384, 201 and34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Fatehpur, District Kangra, H.P.
2. According to the applicant, he has falsely been implicated and arrested, in this case.
3. As per the applicant, he has no concern whatsoever with the crime, as alleged against him.
4. Investigation, in the present case, is stated to be completed and according to the applicant, nothing is to be recovered from him or at his instance. Charge-sheet is also stated to have been filed, in this case. The applicant is stated to be in judicial custody since January, 2025.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, Himachal Pradesh. However, the same was dismissed, vide order dated 01.04.2025.
6. Apart
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 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 applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
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 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 punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
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.
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 court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
The court ruled that bail cannot be denied as a form of punishment before trial, emphasizing that continued detention is unwarranted when the investigation is complete.
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