IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Narender Singh Rawat – Appellant
Versus
CBI – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Narender Singh Rawat has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’) seeking, his release on bail, during the pendency of trial, in case RC No. 00962025A0001, dated 2nd January, 2025, registered with Police Station CBI, ACBShimla, under Section 7 of the Prevention of Corruption Act (hereinafter referred to as ‘PC Act’).
2. According to the applicant, he is innocent and has not committed any act, contrary to law. As per the applicant, he has falsely been implicated, in this case.
3. It is the case of the applicant that the case against him is based upon false and twisted facts.
4. As per the case of the applicant, there is no evidence of any demand or giving of illegal gratification and the alleged trap proceedings are a farce, based upon false and fabricated documents.
5. According to the applicant, the investigation, in the present case is complete and nothing remains to be recovered from him or at his instance, as such, no useful purpose would be served by keeping him in judicial custody.
6. Apart from this, learned counsel appearing for the applicant, has given cer
Pre-trial punishment is prohibited; bail should not be denied if custodial interrogation is no longer necessary.
Pre-trial custody is prohibited as punishment; bail may be granted if investigation is complete and no purpose is served by continued detention.
The court established that pre-trial punishment is prohibited and justified the bail grant based on completed investigation and parity with a co-accused.
Bail application cannot be rejected merely to punish accused before his trial. Pretrial punishment has been prohibited under law.
Bail cannot be denied as a form of pre-trial punishment; conditions for bail must ensure attendance and integrity of the trial process.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
Concealment of prior criminal cases disqualifies an applicant from bail under the NDPS Act, despite the completion of the investigation.
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