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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Daya Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application filed under section 482. (Para 1 , 2) |
| 2. applicant claims innocence and respectability. (Para 3 , 4) |
| 3. application for bail under section 482 and its implications. (Para 5 , 7) |
| 4. factual allegations made by the prosecutrix. (Para 6 , 8 , 15) |
| 5. facts of the fir and investigation outcomes. (Para 9 , 10 , 16 , 19) |
| 6. details of prior relationship and alleged threats. (Para 12 , 13 , 14) |
| 7. police concerns about witness tampering. (Para 17 , 18) |
| 8. conditions for bail and the rationale behind the decision. (Para 20 , 21) |
| 9. interim protection made absolute per circumstances. (Para 22 , 24) |
| 10. conditions imposed for bail. (Para 23) |
| 11. directions for regular bail application and liberty to the state. (Para 25 , 26) |
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 t
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.
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