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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vikram Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Apprehending his arrest, in case FIR No.07/2025 dated 16.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Women Police Station Solan, H.P., applicant-Vikram Singh has filed the present-application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Women Police Station Solan, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. The said relief has been sought on the ground that he is a law-abiding citizen and working as Marketing Representative in Pharma Company. FIR in question is stated to have been falsely registered to implicate him.
4. According to the applicant, he has nothing to do with the offence, as mentioned in the FIR in question, as, the relationship, between him and the prosecutrix, was consensual one and now, in order to create pressure for solemnizing the marriage, the present FIR has been registe
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the applicant is presumed innocent until proven guilty.
Bail cannot be denied as punishment; the court must consider the totality of circumstances, including the nature of allegations and the applicant's cooperation with the investigation.
Bail applications should avoid prejudging the merits of the case, maintaining the presumption of innocence until proven guilty.
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.
Pre-trial punishment is prohibited; bail was granted as there's no prior record and custodial interrogation was unnecessary, ensuring cooperation in investigation.
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
The court emphasized that pre-trial detention is prohibited as a form of punishment, affirming the presumption of innocence and allowing bail based on the applicant's age and lack of criminal history....
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
Bail cannot be denied as a punitive measure; the prosecution must establish its case independently, and the completion of investigation warrants release.
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