IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Manoj Rayta – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner, Manoj Rayta, has come up before this Court, under Section 482 of Bharatiya Nagarik Suraksha Sanhita [hereinafter referred to as ‘BNSS’] seeking pre-arrest bail, originating from FIR No.02 of 2025, dated 01.02.2025, registered at Police Station, SV & ACB, Shimla, District Shimla [H.P.], under Sections 61(2), 318, 335, 336, 338, 339 and 340 read with Section 3(5) of the BNSSand Section 7 and 13 of the Prevention of Corruption Act.
FACTUAL MATRIX
2. Case set up by Mr. Peeyush Verma, Learned Senior Counsel, assisted by Mr. Ajay Kumar, Learned Counsel, is that the petitioner is innocent and has not committed any act contrary to law and he has been falsely implicated at the instance of persons having inimical relations. False and twisted facts and alleged political rivalry has been alleged to have been made the basis for implicating the petitioner. It is averred that some clerical mistakes committed by the officials, which are not based on facts have been made the basis for false implication of the bail-petitioner.
2(i) Bail-petitioner has furnished an undertaking that he shall not impede the grant of bail in any manner. Another undertaking has be
Personal liberty cannot be curtailed on mere accusations; presumption of innocence prevails until proven guilty.
Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
Bail is a rule and jail is an exception; personal liberty under Article 21 cannot be curtailed without substantial evidence, especially in cases of prolonged detention without trial.
The main legal point established in the judgment is that bail is a rule and jail is an exception, and the power under Section 438 of CrPC is to be exercised sparingly. The court emphasized the import....
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Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
The court emphasized that bail is a rule and jail is an exception, and the power under Section 438 of Cr.P.C. is to be exercised sparingly, considering the broad parameters mandated by law.
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