IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Noor Mohammad @ Lali – Appellant
Versus
State of H.P. – Respondent
The applicant 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 Case FIR No. 47 of 2025, dated 18.7.2025, registered under Sections 331 (4), 305, 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the ’), registered with Police Station, Pachhad, District Sirmour, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case.
3. According to the applicant, Police could not collect any evidence to connect him with the crime in question.
4. Applicant Noor Mohammad has tried his luck, by moving bail application, before the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the same was dismissed, on 27.9.2025. Thereafter, the applicant has approached this Court by way of Cr. MP(M) No. 2559 of 2025, however, the same was dismissed, vide order dated 14.11.2025.
5. By way of Cr. M.P. No. 581 of 2026, the applicant has given the details of the cases, registered against him.
6. The relief has also been sought on the
Bail granted where investigation complete, no convictions despite multiple prior cases, parity with co-accused, and prolonged custody constitutes pre-trial punishment.
The court granted bail based on the completion of investigation, lack of evidence for custodial interrogation, and absence of convictions in previous cases.
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....
Pre-trial punishment is prohibited, and the presumption of innocence must be upheld, allowing bail when no commercial quantity of contraband is involved.
Bail must not be denied as a punitive measure; presumption of innocence prevails and applicants are entitled to bail as per parity with co-accused.
The court emphasized that bail should not be denied as a form of punishment, and the presumption of innocence remains until proven guilty.
Bail cannot be denied as punishment; presumption of innocence remains until proven guilty, necessitating fair consideration for bail applications.
Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.
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