IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Rahul Khan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
The applicant, apprehending his arrest, in case FIR No.48 of 2025, dated 18.02.2025, registered, under Sections 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), and Section 28 of the Arms Act, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Nalagarh, District Solan, H.P., to release him on bail, in the event of his arrest.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, he has no role to play, in commission of the alleged crime.
3. It is the case of the applicant that he belongs to a respectable family and is a law abiding citizen. According to him, the allegations levelled against him are false and far away from the truth.
4. The applicant has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued under Section 482 BNSS.
5. The applicant has also tried his luck by moving similar application before the Court of learned Additional Sessions Judge, Nalagarh, Dis
Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
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 when no evidence necessitates 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.
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 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.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.