IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Daya Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Daya Ram, 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 Police Station Pachhad, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in Case FIR No.73 of 2024, dated 15.12.2024, registered, under Section 64 (1) 351(3) and 333 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’).
2. Since the petitioner has not impleaded the complainant/prosecutrix, as party, as such, vide order dated 26.12.2024, the prosecutrix has been impleaded, as party-respondent No.2 and has been ordered to be served through SHO Police Station Pachhad. Despite notice, the prosecutrix has not opted to put appearance and contest the application.
3. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
4. As per the applicant, he belongs to a respectable family and is having deep roots in the society.
5. On the basis of the above facts, Mr. Praveen Chandel, Advocate, has given certain undertakings on behalf of the applicant, for which,
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 presumption of innocence and completion of investigation justified granting bail, emphasizing that pre-trial punishment is prohibited.
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....
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.
Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the applicant is presumed innocent until proven guilty.
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 emphasized that pre-trial punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.