IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Yajuvendra – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. This order of mine shall dispose of the present bail applications, which have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 21 of 2025, dated 20.3.2025, registered under Sections 326 (a), 303 (2), 352, 190, 191 (2), 351 (3) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections and Section 3(1)(s) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Rajgarh, District Sirmour, H.P., by surrendering themselves to the custody of the Court, on 1.5.2025.
2. By surrendering themselves to the custody of the Court, they have sought their release on bail, in the aforesaid FIR.
3. According to the applicants, they are innocent persons and have falsely been implicated in the present case.
3.1 According to the applicants, they are ready to abide by any conditions to be imposed by this Court, in case, ordered to be released on bail.
4. The applicants have given certain undertakings, through their counsel, for which, they are ready to abide by, in case, relief is granted to them.
5. When,
Bail applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.
Bail cannot be denied as a form of punishment; applicants cooperating with the investigation are entitled to release.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
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 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 granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
The court ruled that bail should be granted when custodial interrogation is not required and the investigation is complete, emphasizing the applicant's availability for trial.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.
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