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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Lakhbir Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant Lakhbir Singh has filed the present application, 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 Nalagarh, District Solan, H.P., to release him on bail, in the event of his arrest, in case FIR No.351 of 2023, dated 27.12.2023, under Sections 330, 331, 354, 294, 509, 506, 201 and 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’).
2. The relief as claimed in the application has been sought on the ground that the applicant is suffering from anxiety, due to lodging of FIR and his condition is going from bad to worse. In this regard, the applicant has also annexed the prescription slip Annexure P-1 (Colly.).
3. According to the applicant, he has falsely been arrayed as one of the accused and has been arrested by the police, in the present case.
4. As per the applicant, on 14.06.2023, FIR No.172 of 2023 was registered with Police Station Nalagarh, District Solan, HP, under Sections 376, 506 and 34 of IPC, against one Vivek Mahajan, in which case also, complainant, in the present case, was the complainant.
5. It is
The court emphasized that custodial violence is a serious issue and denied bail due to the applicant's involvement in the alleged crime and previous dismissals of bail applications.
Bail granted in mob violence and police assault case amid communal tensions on grounds of trial pendency, presumption of innocence, parity with co-accused, completed investigation, clean antecedents,....
A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.
Bail granted in NDPS commercial quantity case where applicant linked solely by co-accused's inadmissible disclosure statement under CrPC s.162 and Evidence Act s.25; CDRs' evidentiary value deferred ....
The court emphasized that mere allegations and statements from co-accused do not suffice for denying bail; there must be substantial evidence establishing a prima facie case.
The court reinforced the right to bail and emphasized that pre-trial detention should not serve as punishment when evidence against the accused is insufficient.
Bail should not be denied based on unsubstantiated allegations, particularly when previous similar allegations were dismissed and no evidence of flight risk or tampering exists.
The court emphasized that bail should be denied when serious allegations of custodial torture and potential witness tampering are present, especially involving politically influential individuals.
Bail granted in culpable homicide case from scuffle-induced fatal fall, due to advanced trial (40/43 witnesses examined), co-accused parity, no specific role, societal roots, completed investigation.
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