IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Swami Ramarupananda – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
The above-titled bail applications are being disposed of by the common order, as, all the five bail applications have been filed, in the same FIR, i.e. FIR No. 204 of 2024, dated 17th November, 2024, registered under Sections 298, 194 (2), 191 (2), 191 (3), 190, 115 (2), 324 (4), 352, 351 (2), 196 (2), 117 (2), 118 (1), 118 (2), 132 and 121 (1) of the Bharatiya Nyaya Sanhita(hereinafter referred to as ‘BNS’), with Police Station West, Shimla, District Shimla, H.P.
2. Apprehending their arrest in the above-noted FIR, these bail applications have been filed by the above-named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station West, District Shimla, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR.
3. According to the applicants, they are innocent persons and have falsely been implicated, in this case, by the police. They have termed the case of the police, as false and frivolous.
4. The applicants have also given the history of the litigation, regarding the property
The presumption of innocence prevails in bail applications, and vague police assertions are insufficient to deny bail; reasonable conditions may be imposed to address concerns.
The presumption of innocence prevails until trial conclusion, and vague police assertions are insufficient to deny bail.
The presumption of innocence must be upheld in bail applications, and vague police assertions are insufficient to deny bail.
Bail applications cannot be denied as a form of punishment; applicants are presumed innocent until proven guilty, and reasonable conditions can be imposed to ensure investigation integrity.
Bail can be granted when applicants are presumed innocent, no other cases exist against them, and pre-trial punishment is prohibited.
Pre-trial detention should not serve as punishment; applicants are presumed innocent until proven guilty, warranting their release on bail with conditions.
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.
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