IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Devender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Devender Singh, by surrendering himself to the custody of the Court, on 10.4.2025, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) for releasing him on bail, in case FIR No.25 of 2025, dated 02.04.2025, registered, under Sections 75, 126(2), 351 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), Section 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act) and Section 3(1),(i)(ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC ST Act) with Police Station Renukaji, District Sirmaur, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, he has nothing to do with the allegations, which have been levelled in the FIR, in question.
3. The applicant has further pleaded that the FIR, which has been lodged against him, is based upon the false facts.
4. On the basis of the above facts, the applicant has given certain undertakings, for which, he is ready to abide by, in case, any
The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.
The court ruled that bail should be granted when custodial interrogation is not required and the investigation is complete, emphasizing the applicant's availability for trial.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
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.
The court emphasized the presumption of innocence and ruled that pre-trial punishment is prohibited, allowing bail due to the lack of supportive evidence from the victim and her parents.
The court denied bail due to the serious nature of the allegations against the applicant, emphasizing the need to protect societal interests and the potential flight risk of the accused.
The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
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