IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Saurabh Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
The above-titled bail applications are being disposed of by the common order, as, both the bail applications have been filed, in the same FIR, i.e. FIR No. 206 of 2024, dated 17th November, 2024, registered under Sections 190 , 191 (2) , 191 (3), 298 , 324 (4) , 115 (2) , 351 (2), 79 , 118 (1) and 118 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’), with Police Station West, Shimla, District Shimla, H.P.
2. Apprehending their arrest in the above-noted FIR, these bail applications have been filed by the above- named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station West, District Shimla, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR.
3. According to the applicants, they are innocent persons and have falsely been implicated, in this case, by the police. They have termed the case of the police, as false and frivolous.
4. It is the case of the applicants that the present FIR has been lodged against them purely on false and concocted grou
Bail applications cannot be denied as a form of punishment; applicants are presumed innocent until proven guilty, and reasonable conditions can be imposed to ensure investigation integrity.
The presumption of innocence prevails until trial conclusion, and vague police assertions are insufficient to deny bail.
The presumption of innocence prevails in bail applications, and vague police assertions are insufficient to deny bail; reasonable conditions may be imposed to address concerns.
The presumption of innocence must be upheld in bail applications, and vague police assertions are insufficient to deny bail.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
The court granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
The presumption of innocence must be upheld, and pre-trial punishment is prohibited, allowing bail under specified conditions.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
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.
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