IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Kushma Rana – Appellant
Versus
State of Himachal Pradesh - – Respondent
JUDGMENT :
Virender Singh, J.
The applicants, apprehending their arrests, in case FIR No.21 of 2025, dated 28.01.2025, registered, under Sections 498-A, 354, 323, 504, 506 and 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’), have filed the above titled applications, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/ Investigating Officer of Police Station Palampur, District Kangra, H.P., to release them on bail, in the event of their arrest.
2. According to the applicants, they are innocent persons and have falsely been implicated, in this case. They have termed the entire allegations, which have been levelled, in the FIR, against them, as false.
3. Apart from this, the applicants have given the history of litigation, which have taken place between their son and the complainant, who had lodged the FIR.
4. On the basis of the above facts, they have given certain undertaking, for which, they are ready to abide by. Hence, a prayer has been made that the I.O., Police Station Palampur, may kindly be directed to release the applicants on bail, in the event of their arrest.
5. When put to noti
Pre-trial punishment is prohibited under law; bail cannot be denied without evidence necessitating custodial interrogation.
Pre-trial punishment is prohibited; bail granted when no evidence necessitates custodial interrogation.
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.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
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 as punishment, and presumption of innocence must be upheld.
Bail cannot be denied as a form of punishment; applicants must cooperate with the investigation and comply with specified conditions.
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.
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