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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Virender Singh, J
Aakash Chauhan – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 31 of 2024, dated 5.7.2024, under Sections 105, 238, 239 and 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) registered with Police Station, Jubbal, District Shimla, H.P.
2. According to the applicant, he has been falsely implicated in the present case, as nothing has been found in the investigation, connecting him, with the crime in question.
3. Applicant has further pleaded that he has tried his luck by filing the bail application before the learned Additional Sessions Judge, Rohru, which was dismissed, on 29.10.2024. Thereafter, he has moved Cr.MP(M) No. 62 of 2015, before this Court, which was dismissed as withdrawn on 9.1.2025.
4. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.
5. On all these submissions, Mr. Nitin Thakur, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.
6. When, put to notice, Police has
The court ruled that bail cannot be denied as a form of punishment before trial, emphasizing that continued detention is unwarranted when the investigation is complete.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
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.
Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.
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.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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 court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
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