Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Bhavita Tandon – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. claims false implication (Para 2 , 3) |
| 2. previous bail application dismissed (Para 4 , 5 , 6) |
| 3. details of the bribery case (Para 7) |
| 4. arrest of accused persons (Para 8) |
| 5. judicial custody status (Para 9 , 10 , 11 , 12 , 14 , 15 , 16) |
| 6. pre-trial punishment prohibited (Para 13) |
| 7. bail application allowed (Para 17) |
| 8. conditions for bail (Para 18 , 20 , 22) |
| 9. observations on merits (Para 19) |
| 10. notification to authorities (Para 21) |
JUDGMENT :
1. Applicant-Bhavita Tandon, has filed the present application, underSection 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release her on bail, during the pendency of the trial, in case FIR No.1 of 2025, dated 07.02.2025, registered under Section 7 of the Prevention of Corruption Act (hereinafter referred to as the ‘PC Act’), with Police Station State Vigilance and Anti Corruption Bureau, Kullu, H.P.
3. The applicant has termed the entire case of the prosecution, as concocted one and without any substance.
5. On the basis of the above facts, Mr. Arsh Chauhan, has given certain undertakings, on behalf of the applicant, for which, she is ready to abide by, in case, orde
Bail cannot be denied as a form of pre-trial punishment; conditions for bail must ensure attendance and integrity of the trial process.
The court established that pre-trial punishment is prohibited and justified the bail grant based on completed investigation and parity with a co-accused.
Pre-trial custody is prohibited as punishment; bail may be granted if investigation is complete and no purpose is served by continued detention.
Pre-trial punishment is prohibited; bail should not be denied if custodial interrogation is no longer necessary.
Bail cannot be denied as a form of punishment before trial; cooperation with the investigation is essential.
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
The presumption of innocence and completion of investigation justified granting bail, 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 should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
