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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vinod Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Vinod Singh, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, in case FIR No. 249 of 2024, dated 07.11.2024, registered under Sections 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), with Police Station Nurpur, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the alleged offences.
3. As per the applicant, he has no role to play in the alleged crime and has not involved in it.
4. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.
5. On the basis of the above facts, a prayer has been made to allow the application.
6. In this case prosecutrix has been ordered to be impleaded as respondent No.2, on 2.1.2025 and notices were ordered to be served upon her, through SHO Police Station, Nurpur.
The presumption of innocence and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
Pre-trial punishment is prohibited; bail was granted as there's no prior record and custodial interrogation was unnecessary, ensuring cooperation in investigation.
The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
The court emphasized that bail decisions should consider the applicant's exceptional circumstances and highlight the necessity for fair trial procedures without prejudice to either party.
The court ruled that bail can be granted when specific allegations are lacking and the applicant cooperates with the investigation, emphasizing that pre-trial punishment is prohibited.
The court emphasized that pre-trial detention is prohibited as a form of punishment, affirming the presumption of innocence and allowing bail based on the applicant's age and lack of criminal history....
The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.
The court granted bail based on the applicant's health condition and the lengthy trial process, imposing conditions to prevent witness tampering.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
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