IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Chamel Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
The above-noted applicants, by surrendering themselves to the custody of this Court, have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), seeking the relief of releasing them, on bail, during the pendency of the trial, in case FIR No. 10 of 2025, dated 22nd February, 2025, registered under Sections 115 (2) , 190 and 191 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’) and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC&ST Act’), with Police Station Shillai, District Sirmaur, H.P.
2. According to the applicants, they are innocent persons and have falsely been named as accused persons, in the above-noted case, at the instance of the complainant, as, he has lodged a false FIR with ulterior motive to harass them.
3. It is the case of the applicants that there was a marriage of one Amit, s/o Shri Khattar Singh, who belongs to Scheduled Caste category, where, the applicants, alongwith other villagers, were also invited, and, the applicants, being respectable pers
Bail cannot be denied as a form of punishment; applicants cooperating with the investigation are entitled to release.
Bail applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.
The presumption of innocence applies, and interim bail is warranted when the investigation is complete and no custodial interrogation is required.
The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
The court ruled that bail should be granted when custodial interrogation is not required and the investigation is complete, emphasizing the applicant's availability for trial.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
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 applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.