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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Salam Deen – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Salam Deen has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 115 of 2024, dated 13.9.2024, registered under Sections 305, 331 (4), 238, 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Amb, District Una, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the offence, for which, he has been arrested by the Police.
3. According to the applicant, Police has no cogent and convincing evidence to connect the applicant with crime in question, as FIR is stated to have been lodged, by the Police in connivance with the complainant.
4. According to the applicant, incident had taken place way back, in the month of July, 2024, but, thereafter, neither the complainant nor the Police took any steps for the registration of the FIR.
5. The applicant has further pleaded that investigation, in the present case is complete and charge sheet has been filed, in the
The court granted bail based on the completion of investigation, lack of evidence for custodial interrogation, and absence of convictions in previous cases.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
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 granted based on insufficient evidence and prior acquittals.
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.
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 punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
The presumption of innocence remains until proven guilty, and bail may be granted if the contraband does not meet the definition of commercial quantity under the NDPS Act.
Bail cannot be denied based on punishment; presumption of innocence prevails unless proven guilty, especially when the contraband does not meet the commercial quantity threshold.
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
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