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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Prakash Kumar – Appellant
Versus
State of H.P. – Respondent
Virender Singh, J.
Applicant Prakash Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 207 of 2024, dated 25.8.2024, registered under Sections 103, 127 (2), 125(B), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the ‘BNS’ Act), with Police Station, Baddi, District Solan, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern, whatsoever, with the offences, for which, he has been arrested, by the police, in this case.
3. According to the applicant, he is a young man of 27 years and having no criminal history. He has further pleaded that vague allegations have been levelled against him, which have been described as false, baseless and concocted one. He was arrested on 14.9.2024 and from that day, he is in judicial custody.
4. Investigation, in the present case, is stated to be completed, and nothing is to be recovered from him, or at his instance. All these facts have been pleaded to show that c
A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.
The court ruled that continued detention is unwarranted when investigation is complete and no prior cases exist against the applicant, emphasizing the presumption of innocence.
The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
The court ruled that mere presence at the crime scene is insufficient for conviction, and the petitioner is entitled to bail based on parity with co-accused granted bail.
Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles....
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