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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Vicky – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
1. The present bail petition has been filed under Section 483 of the BNSS for grant of regular bail, in FIR No.14 of 2024, dated 21.03.2024, registered at Police Station, Mcleodganj District Kangra, H.P. under Sections 302, 323, 147 and 149 of the Indian Penal Code.
2. I have heard learned counsel for the parties. Perused the record and the status report.
3. In the case at hand, a telephonic information was received in Police Station Mcleodganj from the hospital that an individual belonging to the State of Punjab has been brought to the hospital and was dead. On receiving the aforesaid information, the police rushed to the Zonal Hospital, Dharamshala. The informant in the case at hand is one Harmanpreet Singh, who got recorded his statement under Section 154 Cr.PC. As per the informant on 20.03.2024, he alongwith his elder brother Navdeep Singh, brother-in-law Gagandeep Singh and their friend Sandeep Awan had come to Mcleodganj in vehicle bearing No. PB-36H-7127.
4. At Mcleodganj, they had stayed at hotel named OM Palace at Bhagsunag. On 21.03.2024 for having breakfast, they had gone Aryan Cofee Shop. When they were sitting inside the coffee shop, the o
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.
Bail granted in murder case emphasizing prolonged incarceration, completed investigation, examined witnesses, trial delay overrule offence gravity; personal liberty paramount, presumption of innocenc....
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 when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
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.
Pre-trial incarceration is not the norm; individuals are presumed innocent until proven guilty, and bail should secure attendance at trial without punitive measures.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
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