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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Yugendra Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 59 of 2024, dated 30.6.2024, was registered against the petitioner for the commission of offences punishable under Sections 420, 406 and 120-B of the Indian Penal Code (IPC) at Police Station Darlaghat, District Solan, H.P. A written complaint was filed in Police Station Darlaghat about the loan of Rs.4,21,000/- by pledging spurious gold in connivance with HDFC empanelledgold evaluator/assessor, Saheb Mondal and the Branch Manager-present petitioner. The petitioner was posted as Branch Manager at HDFC Rekong Peo at the time of the incident. The petitioner’s work profile does not include the sanctioning of a gold loan. Siddarth Shankar was dealing with the gold loan. The petitioner was served with a show cause notice on 10.6.2024. The petitioner sent a reply to the same. No action was taken by the Bank. Subsequently, another notice was issued by the Bank on 18.11.2024. The services of the petitioner were terminated on 28.11.2024. The petitioner is innocent and he was falsely implicated at the instance of Saheb Mondal against whom the petitioner
Pre-arrest bail is an extraordinary remedy that should be granted sparingly, particularly when custodial interrogation is necessary for effective investigation.
Pre-arrest bail is an extraordinary remedy, granted only in exceptional circumstances, particularly when the accused has criminal antecedents that may pose a threat to society or hinder investigation....
Pre-arrest bail is an extraordinary remedy that should be granted sparingly, particularly in economic offences, where custodial interrogation is necessary for effective investigation.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving economic offences, where custodial interrogation is essential for effective investigatio....
Petitioner in collusion with A1, is actively involved in the commission of offence and as the investigation is pending, petitioner is not entitled for pre-arrest bail at this stage.
Pre-arrest bail is an extraordinary remedy, granted sparingly, especially in economic offences where custodial interrogation is necessary for effective investigation.
The court held that anticipatory bail should be granted sparingly, especially when custodial interrogation is necessary for effective investigation.
Anticipatory bail can be granted when custodial interrogation is unwarranted, balancing individual liberty with public justice in corruption cases.
Anticipatory bail under the NDPS Act should be granted sparingly, especially when custodial interrogation is necessary for serious offences.
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