IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Devender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Devender Singh has sought the relief of bail by surrendering himself to the custody of this Court.
2. Applicant has surrendered to the custody of this Court on 24.02.2025 and sought the relief of bail, during the pendency of the case, bearing FIR No.14 of 2025 dated 19.02.2025 (hereinafter referred to as the ‘FIR in issue’), registered under Sections 75, 76, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to asthe ‘BNS’), Section 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC&ST Act’), with Police Station Renuka Ji, District Sirmaur, H.P.
3. According to the applicant, he is innocent person and has falsely been named as accused, in the FIR in question.
4. As per applicant, FIR in question has been lodged by the complainant due to personal vendetta, as, there is land dispute between the applicant and the complainant.
5. Denying the entire allegations, as mentioned in the FIR, a prayer has been made to release the applicant on bail, d
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.
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.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
Bail cannot be denied as a form of punishment; applicants cooperating with the investigation are entitled to release.
Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.
Bail applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.
The court confirmed interim bail, emphasizing the presumption of innocence and prohibiting pre-trial punishment, while imposing conditions to ensure the applicant's presence at trial.
The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
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