IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Nitin – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Apprehending his arrest, in case FIR No.156 of 2024 dated 09.09.2024, (hereinafter referred to as the ‘FIR in question’), registered under Sections 420, 465 and 468 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), with Police Station Boileuganj, District Shimla, H.P. applicant-Nitin 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 Boileuganj, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. According to the applicant, he is innocent person and has falsely been named as accused, in this case.
4. As per the applicant, he has no criminal antecedents and is ready to abide by any condition, imposed by this Court, in case, any direction is issued to the IO/police of Police Station Boileuganj, under Section 482 of BNSS.
5. The applicant is stated to be from a respectable family, having deep roots in the society.
6. The applicant has further asserted that he is the permanent resident
The court confirmed interim bail, emphasizing the presumption of innocence and prohibiting pre-trial punishment, while imposing conditions to ensure the applicant's presence at trial.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.
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.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
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.
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