IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Manpreet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
The applicants, apprehending their arrest, in case FIR No.47 of 2025, dated 18.02.2025, registered, under Sections 126(2), 115(2), 118(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), have filed the above titled applications, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Nalagarh, District Solan, H.P., to release them on bail, in the event of their arrest.
2. According to the applicants, they are innocent persons and have falsely been implicated, in this case. According to them, they have not committed the offence as alleged.
3. Apart from this, the applicants have also put forward their clean antecedents to seek the relief, as prayed for.
4. The applicants have given certain undertakings, for which, they are ready to abide by, in case, any direction is issued under Section 482 BNSS.
5. On the basis of the above facts, a prayer has been made to allow the applications.
6. When put to notice, the police has filed the status report, disclosing therein, that on 18.02.2025, from CHC, Nalag
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.
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 that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
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 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 and that the presumption of innocence must be upheld, allowing bail when custodial interrogation is no longer necessary.
The court granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
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.
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