IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Priyanka Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Priyanka Thakur has filed the present bail application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as‘BNSS’), as she is apprehending her arrest, in case FIR No. 65 of 2024, dated 23rd February, 2024, registered under Sections 420, 406 and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Sadar Una, District Una, H.P.
2. By way of the present application, the applicant has sought the indulgence of this Court, to direct the Investigating Officer/police of Police Station Sadar, Una, to release her on bail, in the event of her arrest, in the above-noted case.
3. According to the applicant, she is innocent person and has falsely been implicated, in this case, by the police.
4. As per the applicant, she has not committed the alleged offence. The applicant is stated to be the permanent resident of District Una and having no criminal antecedents.
5. The applicant has given certain undertakings, for which, the she is ready to abide by, in case, any direction is issued to the police/Investigating Officer, under Section 482 of the BNSS.
6. The applicant has earlier tried her luck,
Bail cannot be denied as a form of punishment before trial; cooperation with the investigation is essential.
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.
Bail cannot be denied as a form of pre-trial punishment; conditions for bail must ensure attendance and integrity of the trial process.
Pre-trial punishment is prohibited; bail should not be denied if custodial interrogation is no longer necessary.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
The presumption of innocence prevails in bail decisions, requiring protection from pre-trial detention unless conviction or severe risk of flight is clear.
The court ruled that bail can be granted when specific allegations are lacking and the applicant cooperates with the investigation, emphasizing that pre-trial punishment is prohibited.
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