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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Gurbinder Singh Alias Sunny – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Gurbinder Singh @ Sunny, apprehending his arrest, in FIR No.86/2024, dated 10.06.2024, registered under Sections 323, 504, 506, 382, 307, read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station, Kala Amb, District Sirmaur, H.P., has filed the presentapplication, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).
2. By way of the present application a prayer has been made to direct the police of Police Station, Kala Amb, to release the applicant on bail, in the event of his arrest in the above said case.
3. According to the applicant, he has falsely been implicated, in this case with the ulterior motive.
4. As per the applicant, he is innocent person and has nothing to do with the offences, for which, he has been named as accused, in the FIR, in question.
5. Highlighting the medical evidence allegedly collected by the police, during investigation, it has been submitted in the application that no case under Section307 IPC is made out against the applicant.
6. According to the applicant, the CCTV footage collected by the police to connect the applic
The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.
The presumption of innocence and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
The presumption of innocence prevails, and prior convictions do not negate eligibility for anticipatory bail; proper considerations include investigation status and the necessity of custodial interro....
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.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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