IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Sandeep Sharma, J
Isha Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Sequel to order dated 11.04.2025, whereby petitioner was ordered to be enlarged on interim bail in FIR No. 0042 dated 11.03.2025 under Sections 115 (2), 191(2), 191(3), 109 and 190 of BNS, registered at PS Shimla West, District Shimla, HP, respondent-State has filed status report prepared on the basis of the investigation carried out by the Investigating Agency and ASI Bharat Bhushan has come present with record.
2. Close scrutiny of status report reveals that pursuant to order dated 11.04.2025, petitioner herein has joined investigation and at this stage, nothing remains to be recovered from her. Though, Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that petitioner is accused of heinous crime punishable under Section 109 of BNS, but he was unable to dispute that co- accused in similar facts and circumstances already stands enlarged on bail. Otherwise also, careful perusal of FIR, detailed hereinabove, reveals that complainant Yograj lodged a complaint on 11.03.2025 that while he along with his friends was having tea in eatery, 30-40 students belonging to Akhil Bharatiya Vidyarthi Parishad came on the spot carrying weapons. He f
The presumption of innocence is fundamental in criminal law, and bail should be granted unless there is substantial evidence of guilt.
The presumption of innocence, discretion of the judge in granting bail, and the factors to be considered in deciding a bail petition were central legal principles established in the judgment.
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
Bail granted in sexual assault case due to prosecutrix's questionable conduct on busy highway, lack of medical corroboration, prior acquaintance, past false complaints, and presumption of innocence a....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.