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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Jaspal @ Yashpal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) applicant-Jaspal @ Yaspal has sought his release, on bail, during the pendency of the trial, in case FIR No.35 of 2025, dated 02.02.2025, registered under Sections 109, 351(3), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Nalagarh, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. Investigation, in the present case, is stated to be completed, as, the police has filed the charge-sheet, against the applicant, in the competent Court of law.
4. It is the case of the applicant that there is no evidence, connecting him with the crime in question and as such, the relief of bail has been sought.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, Himachal Pradesh. However, the same was dismissed vide order dated 01.03.2025.
6. Apart from this, Mr. K.S. Gill,
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 court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
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.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
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 and that the presumption of innocence must be upheld, allowing bail when custodial interrogation is no longer necessary.
The court granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
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.
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