IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Gurdeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Gurdeep Singh, apprehending his arrest, in FIR No.7/2025, dated 07.02.2025, registered under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’), with Police Station, Sayri, District Solan, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).
2. By way of the present application, the indulgence of this Court has been sought to direct the I.O./police of Police Station, Sayari, to release the applicant on bail, in the event of his arrest, in the above noted case.
3. According to the applicant, he has falsely been implicated in this case, as he has nothing to do with the alleged offence, for which, he has been named, as accused.
4. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS.
5. According to the applicant, one case, bearing FIR No.252/2021, under Sections 379, 120-B of the IPC, read with Section 21 of the Mines and Mineral Act, was registered against him, with Police Station Sadar, Una,
The court ruled that without substantial evidence from the complainant, no case for custodial interrogation was established, allowing interim bail.
The court granted bail, emphasizing the presumption of innocence and the prohibition of pre-trial punishment, while noting the applicant's cooperation with the investigation.
The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
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 presumption of innocence and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
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 prevails, and prior convictions do not negate eligibility for anticipatory bail; proper considerations include investigation status and the necessity of custodial interro....
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