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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Surender – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Surender, apprehending his arrest, has filed the present bail application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for release him on bail, in the event of his arrest, in case FIR No. 184 of 2022, dated 19th October, 2022, registered under Sections 363, 366, 366A, 376, 120B of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Rohru, District Shimla.
2. According to the applicant, he is innocent person and has falsely been implicated in the present case.
3. As per the applicant, the case has been lodged against him with a view to harass him and the same is outcome of pre-planned conspiracy. The applicant has further pleaded that he is in his sixties and most of the time remained ill from the age-related complications. According to the applicant, from the last 2 years, he is confined to bed.
4. According to the applicant, investigation in the present case is complete and nothing is to be recovered from him or at his instance. Custodial interrogation is also stated to be not required by the Police.
5. Apart from this, it has also been pleaded that the main accused and
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
The court denied bail due to the serious nature of the allegations against the applicant, emphasizing the need to protect societal interests and the potential flight risk of the accused.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
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 emphasized the presumption of innocence and ruled that pre-trial punishment is prohibited, allowing bail due to the lack of supportive evidence from the victim and her parents.
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.
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.
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