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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Bipin Chander Negi, J
Ram Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Bipin Chander Negi, J.)
The bail petitions, in the case at hand, are being taken up together, as they are arising out from the common FIR. The incident in the case at hand is dated 04.12.2024.
2. Heard counsel for the parties. Perused the status report. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioners.
3. From a perusal of the record, it is evident that one Sh. Hemraj through Lakhwinder Singh @ Lakha (bail petitioner in Cr. MP(M) No.369 of 2025) had been granted a contract for lifting of scrap from Synergy Company situate in Bir Palasi (Baddi). For lifting of the scrap from the concerned Nalagarh Union, a truck bearing No.HP-12Q-3844 had been engaged on 03.12.2024. The said truck had reached the Synergy Company for lifting of scrap on 04.12.2024.
4. Insofar as, the contract for lifting scrap is concerned, previously the same qua Synergy Company was held by one Yusuf. From the record, it appears that when the truck sent by Hemraj for lifting scrap reached the Synergy Company, Robin, Sukhwinder @ Kala had stopped the associates of Hemraj, who were legally authorized to lift the scrap, as a consequence whereof a scuffle ensued.
5. Su
Pre-trial incarceration is not the norm; individuals are presumed innocent until proven guilty, and bail should secure attendance at trial without punitive measures.
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 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....
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, and bail serves to secure attendance at trial, not as a punitive measure.
The presumption of innocence prevails until proven guilty, and pre-trial detention is not justified when trial timelines are uncertain.
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.
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