IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Madan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Apprehending his arrest, in case FIR No.14/2025 dated 13.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 103, 127(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Khundian, District Kangra, H.P., applicant-Madan Lal 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. It has been averred in the application that the applicant had gone to his in-laws with his family and his sister-in-law and on 12.02.2025, an argument took place and while trying to resolve the issue, one of the relatives namely Naveen Kumar gave beatings to the applicant. Thereafter, said Naveen Kumar ran away from the spot, he slipped an
General allegations without specific evidence do not justify denial of bail; prosecution must substantiate claims for custodial interrogation.
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 a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
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.
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.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
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