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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vikas Sidhu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Vikas Sidhu, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), with a prayer to direct the Police/Investigating Officer of Women Police Station Solan, District Solan, H.P., to release him on bail, in the event of his arrest, in case FIR No.51 of2024, dated 30.11.2024, registered, under Section 64 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’).
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, he is visually impaired and has nothing to do with the alleged offence, in which, he has been arrayed, as accused.
4. According to the applicant, he is having no criminal history and is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS .
5. On the basis of the above facts, a prayer has been made to allow the application.
6. On 21.11.2024, when the matter was taken up, the complainant-prosecutrix was ordered to be impleaded, as, party-respondent No.2. Notices were also served upon her, but, she has n
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 presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.
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 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....
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....
Bail cannot be denied as punishment; the court must consider the totality of circumstances, including the nature of allegations and the applicant's cooperation with the investigation.
Bail cannot be denied as a punitive measure; the prosecution must establish its case independently, and the completion of investigation warrants release.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
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