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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Amrit Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Amrit Dass, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.33 of 2024, dated 17.12.2024, registered, under Sections 61(2), 318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Section 66 D of the Information and Technology Act, (hereinafter referred to as the ‘IT Act’), with Cyber Crime Police Station, Southern Range, Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case and presently, he is in judicial custody.
3. The applicant has termed the case of the police, registered against him, as false and concocted one.
4. As per the applicant, he is having deep roots in the society, as such, there are no chances of his fleeing away from justice.
5. It is the further case of the applicant that he is sole bread earner of his family, as such, if the bail application is not allowed, his family will face extreme hardship.
6. The applicant has earlier tried his luck by movin
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the presumption of innocence remains until proven guilty.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
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.
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 custody is prohibited as punishment; bail may be granted if investigation is complete and no purpose is served by continued detention.
The court established that pre-trial punishment is prohibited and justified the bail grant based on completed investigation and parity with a co-accused.
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 emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
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