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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Shagun Garg – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The applicant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 13 of 2025, dated 25.3.2025, registered under Sections 74, 115 (2), 351 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections 8 and 21 of Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’) and Section 3(1)(U) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Nahan, District Sirmour, H.P., by surrendering herself to the custody of the Court.
2. According to the applicant, she is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, she is permanent resident of the address mentioned in the application, and is having deep roots in the society.
4. The applicant has given certain undertakings, through her counsel, for which, she is ready to abide by, in case, relief is granted to her.
6. When, put to notice, the Police filed status report, disclosing therein that on 25.3.2025, complainant alongwith child victim and member of CWC appe
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.
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 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.
Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
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 police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
Bail cannot be denied as a punitive measure; the prosecution must establish its case independently, and the completion of investigation warrants release.
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
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