IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Bheem Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. The above-titled bail applications are being disposed of by this common order, as, all the bail applications have been filed, in the same FIR, i.e. FIR No.87 of 2025, dated 15.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 109, 191(2), 191(3), 190, 115(2), 118(1), of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) with Police Station Nalagarh, District Solan, H.P.
2. The above-mentioned bail applications have been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for releasing the above named applicants, on bail, in the FIR in question, during the pendency of the case.
3. According to the applicants, they are innocent persons and have falsely been implicated, in the present case.
4. In addition to this, they have also pleaded that in the MLC, only laceration was found on the left side face of complainant-Sohan Lal and according to the applicants, the said injury is simple in nature.
5. According to the applicants, they had earlier tried their luck by moving similar applications, before the Court of learned Additional Sessions Judge, Nalaga
The presumption of innocence prevails until proven guilty, and pre-trial detention is not justified when trial timelines are uncertain.
The court granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
The presumption of innocence mandates that an accused cannot be held in custody indefinitely without evidence, and bail should be granted when custodial interrogation is no longer necessary.
Bail can be granted when investigation is complete, and the accused is not a habitual offender, provided conditions are imposed to ensure trial attendance and evidence integrity.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
Bail cannot be denied as a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.
The absence of direct evidence against the applicant and the completion of the investigation justified the grant of bail, emphasizing the principle of parity with co-accused.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
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