IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Kesari Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Applicant-Kesari Devi, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.41 of 2024, dated 13.04.2024, registered, under Sections 302, 341, 323, 325, 506 and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station Gohar, District Mandi, H.P.
2. According to the applicant, she has been arrested, in a false case and at the time of alleged incident, she was neither present on the spot, nor, has played any role, as, deceased has fallen down and sustained injuries.
3. It is the further case of the applicant that the investigating agency could not collect any evidence, on the basis of which, any role can be attributed to the applicant. In this regard, she has relied upon the medical report, as according to the applicant, the said report also suggests that the injuries received by the deceased were not due to any sharp/blunt weapon.
4. According to the applicant, as per the medical report, the deceased died due to septicemic shock secondary to blunt trauma su
The court established that pre-trial detention is prohibited, emphasizing the need for bail when the trial is unlikely to commence soon and conditions are imposed to ensure compliance.
Bail cannot be denied as a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.
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 absence of direct evidence against the applicant and the completion of the investigation justified the grant of bail, emphasizing the principle of parity with co-accused.
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.
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is impermissible.
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.
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