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2025 Supreme(HP) 462

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, ACJ, VIRENDER SINGH
Gurjant Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kanta Thakur
For the Respondents: Mohinder Zaraick, H.S. Rawat, Varun Chandel, Ranjna Patial

JUDGMENT :

Virender Singh, J.

1. By way of the instant bail application, filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), applicant-Gurjant Singh has sought his release, on bail, during the pendency of trial, in case FIR No. 237 of 2022, dated 29th August, 2022, registered with Police station Nalagarh, under Sections 307, 186, 120 (B) of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 25-54-59 of the Arms Act.

2. According to the applicant, he is innocent and has nothing to do with the commission of the alleged offences, as, he has falsely been implicated, in the present case.

3. It is the case of the applicant that he is in judicial custody for more than two years and six months. According to him, the police has filed the charge sheet before the learned trial Court and even after a lapse of sufficient long time, not even a single witness has been examined, in the case, so far.

4. As per the applicant, the conclusion of the trial, against him, will take sufficiently long time, as such, no useful purpose would be served, by keeping him in judicial custody, by curtailing his liberty, as, it will amount to pre-trial convict

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