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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Devinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. facts leading to bail application. (Para 1 , 3) |
| 2. arguments presented by the parties. (Para 4 , 5) |
| 3. court's analysis on bail principles. (Para 6 , 7 , 8 , 9 , 10) |
| 4. decision to grant bail with conditions. (Para 11) |
| 5. conclusion and procedural directives. (Para 12 , 13 , 14) |
Bail petitioner namely Devinder Kumar, who is behind bars since 02.02.2026, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.286 of 2025, dated 29.11.2025, under Sections 143, 146, 61(2), 111(2) (B), 318 of of Bharatiya Nyaya Sanhita (hereinafter ‘BNS’) and Section 24 of the Emigration Act, registered at Police Station Sadar, Chamba, District Chamba, H.P.
2. Respondent-State has filed status report and ASI Arjun Singh has come present with record. Record perused and returned.
3. Close scrutiny of record/status report reveals that on 29.11.2025, complainant Mr. Aman lodged a complaint at Police Station detailed herein above, alleging therein that bail-petitioner Devinder Kumar @ Dishu in connivance with co-accused Gagan Kumar @ Yashu defrauded
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The presumption of innocence, the general rule of bail, and the need to balance competing factors while exercising judicial discretion.
Bail granted absent specific cheating allegation, with money deposit explained as legitimate business transaction via bills; pending recovery no bar when investigation joined and presumption of innoc....
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
A second or successive petition for anticipatory bail is maintainable but requires a substantial change in circumstances to succeed. Repetitive filings for the same relief without such changes consti....
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