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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Abhishek Sahani – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Abhishek Sahani has sought his release, on bail, during the pendency of the trial, in case FIR No.17 of 2025, dated 19.02.2025, registered under Sections 326(g), 115(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Manpura, District Solan, H.P.
2. According to the applicant, he has falsely been implicated, in the present case, which has been registered on the statement of Ms. Asha Kumari (complainant).
3. As per the applicant, he was arrested by the police on 25.02.2025 and presently, he is in judicial custody.
4. It is the case of the applicant that nothing is to be recovered from him, or at his instance. According to him, investigation, in the present case, is complete and charge-sheet has been filed in the competent Court of law.
5. It has been averred in the application that the applicant has been implicated, in this case, on the basis of the statement, made by the main accused i.e. the child in conflict with law (CCL).
6. The applicant
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
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 and that the presumption of innocence must be upheld, allowing bail when custodial interrogation is no longer necessary.
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
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 ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific 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.
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