IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Saransh Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Apprehending his arrest, in case FIR No.02/2025 dated 07.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 69, 88, 352 , 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), with Women Police Station Kullu, District Kullu, H.P., applicant-Saransh Chauhan has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S’).
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Women Police Station Kullu, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. The said relief has been sought on the ground that he is innocent person and apprehending his arrest, in the above-noted case.
4. Applicant has termed all the allegations, which have been levelled against him, as ‘false’.
5. According to the applicant, the age of the complainant is 33 years and there is no question that at any point of time, anything had happened with the complainant.
6. On the basis of above facts, certain undertakings have been given, on behalf of app
Bail applications should avoid prejudging the merits of the case, maintaining the presumption of innocence until proven guilty.
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the applicant is presumed innocent until proven guilty.
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 punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.
Bail cannot be denied as punishment; the court must consider the totality of circumstances, including the nature of allegations and the applicant's cooperation with the investigation.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
Insufficient evidence warrants bail; conditions imposed to mitigate risk of witness tampering.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
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.
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