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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Room Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's request for bail based on health and delay. (Para 1 , 5 , 8 , 9) |
| 2. bail petition filed under bnss due to health conditions. (Para 2) |
| 3. details of the incident and charges. (Para 3 , 4 , 10 , 11) |
| 4. defense arguments aiming to establish non-involvement. (Para 12 , 13 , 14 , 15) |
| 5. health conditions of the petitioner and implications. (Para 16 , 17 , 18) |
| 6. arguments highlighting insufficient evidence supporting the petitioner's involvement. (Para 19) |
| 7. state's stance on petitioner's health and trial delay. (Para 20 , 21 , 22) |
| 8. timeline and procedural history of trial. (Para 24 , 25 , 26 , 29) |
| 9. legal precedents and implications of trial delays. (Para 32 , 33 , 34) |
| 10. evidential burden and serious nature of charges. (Para 35 , 36 , 37) |
| 11. court's observations on defense's conduct. (Para 39 , 40 , 41) |
| 12. final dismissal of the bail application. (Para 43) |
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner has approached this Court under Section483 Bhartiya Nagarik Suraksha Sanhita 2023 (in short ‘ BNSS ’) seeking bail in case FIR No. 239 of 2021, dated 26.8.2021, registered in Police Station Kullu, District Kullu, Himachal Pradesh, under Sections 302 , 307, 323, 32
The court ruled that strong evidence existed against the accused for serious crimes, and health concerns and trial delays did not justify bail.
Bail denied in serious assault/murder case as CCTV footage, eye-witness identification of presence and participation with co-accused establish prima facie involvement, despite statement contradiction....
The court ruled that the presence of the petitioner in CCTV footage and witness statements constituted a prima facie case, justifying the denial of bail.
Prolonged pre-trial detention without progress in trials violates the accused's right to liberty and mandates release on bail to avoid indefinite incarceration.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The court determined the necessity for bail based on the absence of direct allegations against certain petitioners, while evidence of serious involvement warranted denial for another.
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
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