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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Ranjan Mahajan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Apprehending his arrest, in case FIR No.42/2024 dated 02.05.2024 (hereinafter referred to as the ‘FIR in question’), registered under Sections 420, 467, 468 and 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Tissa, District Chamba, H.P., applicant-Ranjan Mahajan 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 Tissa, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. The said relief has been sought on the ground that he is innocent person and apprehending his arrest, in the above-noted case.
4. According to the applicant, the allegations, as levelled in the FIR in the question, against him, are baseless and concocted.
5. It is the case of the applicant that one FIR, regarding the same transaction, has also been registered with Police Station Kihar, vide FIR No.63 of 2023, in which, all the Directors of the Company, including the applicant, have been named as ac
The court emphasized the presumption of innocence and the necessity for the state to justify custodial interrogation in bail applications.
Bail granted due to insufficient evidence and no necessity for continued detention.
Insufficient evidence justifies granting bail under the Bharatiya Nagarik Suraksha Sanhita, despite allegations of fraud.
The court determines insufficient evidence for bail restrictions, emphasizing the presumption of innocence.
Bail is granted when evidence is insufficient to prove intent to deceive and continued detention is unnecessary.
A lack of sufficient evidence may warrant bail, even with serious allegations.
Regular bail can be granted if prosecution lacks sufficient evidence to substantiate allegations of intentional cheating.
Insufficient evidence does not justify pre-trial detention, allowing bail under specified conditions.
The court permits bail when there is insufficient evidence to support continued detention of the accused, emphasizing the importance of case specifics in bail decisions.
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