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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Joginder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application filed by joginder singh. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of alleged fraud committed by respondents. (Para 7 , 8 , 14 , 15 , 16) |
| 3. documentation and investigation findings. (Para 9 , 10 , 11 , 12 , 13 , 17) |
| 4. court’s analysis of the accused's role in the alleged fraud. (Para 18) |
| 5. court analysis on granting bail. (Para 19 , 20 , 21 , 22) |
| 6. directions and conditions imposed by the court. (Para 23 , 24 , 25) |
JUDGMENT :
Virender Singh, J.
1. Apprehending his arrest, in Case FIR No.22 of 2024 dated 12th July, 2024, (hereinafter referred to as the ‘FIR in question’), registered under Sections 420 , 467, 468, 471 and 120B of the INDIAN PENAL CODE (hereinafterreferred to as ‘IPC’), with Police Station New Shimla, District Shimla, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’).
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station New Shimla, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.
3. According to the applicant, he is
The court affirmed that denying bail constitutes pre-trial punishment and noted the necessity for evidence to substantiate allegations of fraud in loan acquisition.
The court emphasized that interim bail is necessary to avoid pre-trial punishment and that the applicant's involvement in alleged fraud will be assessed during trial proceedings.
The court granted bail based on the prolonged custody of the petitioner and the nature of evidence being documentary, mitigating the risk of tampering.
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
The court affirmed that the efficacy of framing charges relies on the existence of sufficient prima facie evidence, without requiring deep merits assessment at the initial stage.
The main legal point established in the judgment is the importance of considering the nature and gravity of the accusation, the character and behavior of the accused, and the likelihood of the offens....
Anticipatory bail can be granted where no case for custodial interrogation is made out.
The prosecution failed to prove beyond a reasonable doubt the offences of conspiracy and forgery against the appellants, with mere suspicion not serving as a substitute for valid evidence.
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