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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Bipin Chander Negi, J
Arshdeep – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.96 of 2024, dated 27.08.2024, registered at Police Station, Haroli, District Una, H.P., under Sections 310 (2), 310(5), 126(2), 351(3), 238 of the BNS, 2023.
2. I have heard learned counsel for the parties. Perused the record and the status report.
3. The FIR in the case at hand was registered on the basis of a complaint dated 27.08.2024 filed by one Avtar with SHO Police Station, Haroli. In the complaint, it is alleged that on 26.08.2024 at about 6.00 A.M. Avtar (complainant) was travelling on his motorcycle to Jajon. A kilometer beyond a place called Polian, six persons on two motorcycles had waylaid him.
4. One of the six, who was wearing a T-shirt bearing No. “10” on the back threatened to kill the complainant. The said individual brandished a Kirpan and took out Rs.5,000/- from the pocket of the complainant.
5. During investigation, CCTV footage of government and private cameras installed in the area were checked. On checking the CCTV footage, six persons on two motorcycles were found crossing Polian barrier at about 5.27 A.M. All individuals travelli
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should be granted unless there is a risk of flight or tampering with evidence.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
The court granted bail emphasizing personal liberty and the absence of incriminating evidence, while imposing conditions to ensure trial attendance and prevent interference.
The court emphasized the importance of personal liberty and judicial discretion in bail decisions, allowing bail with stringent conditions to ensure trial attendance and prevent evidence tampering.
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