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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Lucky – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sushil Kukreja, J.
By way of instant petition, filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioner is seeking bail in case FIR No. 45/2023, dated 15.08.2023, under Sections 302, 201 & 34 of the Indian Penal Code (hereinafter referred to as “IPC”) registered at Police Station Sangrah, District Sirmaur, H.P.
2. The prosecution story, in brief, is that on 14.08.2023 a telephonic information was received at Police Post Haripur Dhar that a person was found dead in suspicious circumstances. Accordingly, the police party left for Haripurdhar and found the corpse of deceased Rajender alias Pappu at Kharoti Khala. The police recorded the statement of Rajender Kumar under Section 154 Cr. P.C., who stated that today at about 8:40 p.m. his sister telephonically inquired from him that her husband Rajender Singh alias Pappu (deceased) could not be seen anywhere. On this, when he started searching for his brother-in-law (Jija), he came to know that his brother-in-law was sitting in the hotel of Manoj Chhinta at Haripurdhar and on making inquiries, Manoj Chhinta disclosed to him that Rajender Singh alias Pappu (deceased) ha
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
Bail – Parity is not the sole ground on which bail can be granted – Court, while granting bail, has to consider a number of aspects – While utilizing parity as a ground for bail, same must focus on r....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Bail for accused involved in heinous crimes requires careful assessment of individual roles and public safety, with parity not considered if roles differ significantly.
A litigant must approach the court with clean hands; suppression of material facts disqualifies them from receiving judicial relief.
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
The Principle of Parity in bail applications requires careful consideration of the specific roles and allegations against the accused, rather than a simplistic comparison with co-accused.
The court cannot grant bail on the ground of parity if the specific overt acts and the severity of the injuries sustained do not warrant bail.
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