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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Pooja Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
The above named applicants, who have been named as accused, in FIR No.372/2024, dated 16.12.2024, registered under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Nalagarh, District Solan, H.P., have filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), to surrender themselves to the custody of the Court and sought the bail during the pendency of the trial.
2. When the applicants have surrendered to the custody of the Court, notices were issued to the Police and they were ordered to be released on interim bail.
3. According to the applicants, they have falsely been implicated in this case, as they have nothing to do with the alleged offence, for which, they have been named, as accused, in this case.
4. The applicants, have given certain undertakings, for which, they are ready to abide by, in case, they were ordered to be released, on bail, during the pendency of the trial.
5. On all these submissions, a prayer has been made to allow the application.
6. When pu
The presumption of innocence applies, and interim bail is warranted when the investigation is complete and no custodial interrogation is required.
Bail cannot be denied as a form of punishment; applicants cooperating with the investigation are entitled to release.
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 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 applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.
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