HIGH COURT OF HIMACHAL PRADESH
HON'BLE MR. JUSTICE VIRENDER SINGH
Suraj Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Apprehending his arrest, in case FIR No.04 of 2025 dated 19.01.2025, (hereinafter referred to as the ‘FIR in issue’), registered under Sections 126(2), 115(2), 351(2), 352, 109, 324(4), 238 and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Ramshehar, District Solan, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Ramshehar, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. According to the applicant, he has falsely been implicated, in this case, on the distorted facts. No incident, according to him, had allegedly taken place, at any point of time.
4. As per applicant, Section 109 of BNS is stated to have been added by the investigating agency, just to curtail the liberty to the applicant.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Ses
The presumption of innocence must be upheld, and anticipatory bail cannot be denied as a form of punishment, with reasonable conditions imposed to address police concerns.
Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.
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.
Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.
The presumption of innocence remains until conviction, and bail may be granted based on parity with co-accused and absence of commercial quantity of contraband.
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.
Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.
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.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
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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