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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Mandeep – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant's previous bail application (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 20) |
| 2. investigation status and applicant's future (Para 19) |
| 3. presumption of innocence (Para 21 , 22 , 23 , 24) |
| 4. bail application considerations (Para 25) |
| 5. bail granted with conditions (Para 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
Virender Singh, J.
1. Applicant-Mandeep has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to release him, on bail, during the pendency of the trial, in case FIR No.45 of 2024, dated 04.12.2024, registered under Section 376 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Women Police Station Baddi, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of the prosecutrix.
3. The applicant has given his age as 19 years and age of the complainant as 21 years.
4. As per the applicant, he has been harassed by the complainant to extort money from him and when, he showed his unwillingness to pay the same, the present ca
The court emphasized that pre-trial detention is prohibited as a form of punishment, affirming the presumption of innocence and allowing bail based on the applicant's age and lack of criminal history....
The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
The presumption of innocence and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
Pre-trial punishment is prohibited; bail was granted as there's no prior record and custodial interrogation was unnecessary, ensuring cooperation in investigation.
The court emphasized that pre-trial punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.
The court ruled that bail can be granted when specific allegations are lacking and the applicant cooperates with the investigation, emphasizing that pre-trial punishment is prohibited.
The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
The court emphasized that bail decisions should consider the applicant's exceptional circumstances and highlight the necessity for fair trial procedures without prejudice to either party.
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