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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Saood – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Saood, apprehending his arrest, in case FIR No.20 of 2025, dated 29.03.2025, registered, under Sections 64(1), 69, 140(3), 238, 127(2), 127(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’), has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Nerwa, District Shimla, H.P., to release him on bail, in the event of his arrest.
2. According to the applicant, the alleged levelled against him are false and frivolous and motivated with an ulterior motive to harass and humiliate him.
3. As per the applicant, he and the prosecutrix had been in consensual live-in relationship for considerable time. The said relationship was on mutual consent, love and affection. In this regard, the applicant has relied upon the agreement, which allegedly had taken place between him and the prosecutrix.
4. Asserting the fact that the applicant and prosecutrix were in live-in relationship, as such, are well known to their family members, friends and neighbours.
5. All these
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.
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the applicant is presumed innocent 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 under law; bail cannot be denied without evidence necessitating custodial interrogation.
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 emphasized that bail decisions should consider the applicant's exceptional circumstances and highlight the necessity for fair trial procedures without prejudice to either party.
The court emphasized the distinction between consensual relationships and allegations of rape, ruling that mere allegations without evidence of coercion do not suffice for criminal proceedings.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
Bail applications should avoid prejudging the merits of the case, maintaining the presumption of innocence until proven guilty.
The court emphasized that pre-trial punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.
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