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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Shubham Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Apprehending his arrest in FIR No. 206 of2024, dated 17th November, 2024, registered under Sections 190, 191 (2), 191 (3), 298, 324 (4), 115 (2), 351 (2), 79, 118 (1) and 118 (2) of the Bharatiya NyayaSanhita (hereinafter referred to as ‘BNS’), with Police Station West, Shimla, District Shimla, H.P., applicant-Shubham Kumar has filed the present bail application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for passing a direction, in his favour, directing the Investigating Officer/police of Police Station West, District Shimla, H.P., to release him on bail, in the event of his arrest, in the above-noted FIR.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, by the police. He has termed the case of the police, as false and frivolous.
3. The applicant has alleged that the complainants, in the present case, are themselves the trespassers. In addition to this, the applicant has also given the history of the litigation, regarding the property in dispute.
4. As per the applicant, he is ready to abide by any condition(s), to be imposed by this Court, in case, any
The presumption of innocence must be upheld in bail applications, and vague police assertions are insufficient to deny bail.
The presumption of innocence prevails until trial conclusion, and vague police assertions are insufficient to deny bail.
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.
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.
The presumption of innocence prevails, and prior convictions do not negate eligibility for anticipatory bail; proper considerations include investigation status and the necessity of custodial interro....
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.
The court ruled that mere presence at the crime scene is insufficient for conviction, and the petitioner is entitled to bail based on parity with co-accused granted bail.
Pre-trial detention should not serve as punishment; applicants are presumed innocent until proven guilty, warranting their release on bail with conditions.
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