IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vivek – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant Vivek, apprehending his arrest, in case FIR No. 87 of 2024, dated 14.10.2024, registered under Sections 318 (4), 316 (5) and 3(5) of Bhartiya Nyaya Sanhita, (hereinafter referred to as ‘the BNS’) with Police Station, Tahliwal, District Una, H.P . has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’).
2. The applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case.
3. According to the applicant, he has been falsely implicated in the present case, as the case has been registered against him, on the basis of concocted facts. According to him, he is innocent person and has nothing to do with the case.
4. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the B.N.S.S.
5. The applicant has tried his luck by moving similar application, before the Court of learned Additional Sessions Judge-II, Una, H.P., which has been dismissed vide order dated
The court granted bail, emphasizing the presumption of innocence and the prohibition of pre-trial punishment, while noting the applicant's cooperation with the investigation.
Bail cannot be denied as a form of punishment before trial; cooperation with the investigation is essential.
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 applies until proven guilty, and pre-trial punishment is prohibited under law.
Pre-trial punishment is prohibited; bail should not be denied if custodial interrogation is no longer necessary.
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the presumption of innocence remains until proven guilty.
The presumption of innocence remains until proven guilty, and bail should not be denied as a form of punishment before trial conclusion.
The court ruled that without substantial evidence from the complainant, no case for custodial interrogation was established, allowing interim bail.
The court emphasized the presumption of innocence and the necessity for the state to justify custodial interrogation in bail applications.
The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.
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