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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vikram Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Vikram Singh has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.93 of 2023, dated 09.06.2023, registered under Section 376 of the INDIAN PENAL CODE (hereinafter referred to as the ‘IPC’) and Sections 6 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Theog, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, investigation, in the present case, is complete and conclusion of trial of the case will take sufficient long time, as such, no useful purpose would be served, by keeping him, in the judicial custody, for indefinite period.
4. According to the applicant, he is having deep roots in the society and he has termed the case of the prosecution as false.
5. The bail application has been filed, on the basis of the change in circumstances.
6. In order to buttress her contention, learned counsel, appea
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 granted bail based on the applicant's health condition and the lengthy trial process, imposing conditions to prevent witness tampering.
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 and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
The court emphasized the presumption of innocence and ruled that pre-trial punishment is prohibited, allowing bail due to the lack of supportive evidence from the victim and her parents.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
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