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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Mudasir Ahmad – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Sequel to order dated 30.01.2026, whereby the petitioner was ordered to be enlarged on interim bail in case FIR No.0063 of 2022 dated 24.02.2022 registered at Police Station Nurpur District Kangra, H.P under Section 420 of Indian Penal Code, respondent/State has filed status report.
2. Close scrutiny of the status report reveals that on 24.02.2022, complainant, namely Praveen Kumar lodged a complaint at Police Chowki Gangath, Police Station Nurpur, District Kangra, H.P alleging therein that co-accused namely Jyoti Kumar made him to deposit a sum of Rs.5,90,000/- in bank account of bail petitioner with an assurance that he will get him job in MES. He further alleged that a sum of Rs.6,00,000/- was also deposited in bank account No.450010110015791/IFSC BKID0004500 on the assurance of Jyoti Kumar. He alleged that though on the assurance of co-accused Jyoti Kumar, he deposited Rs.11,90,000/- as detailed herein above, but neither he was provided any job nor money has been returned to him. In the afore background, FIR came to be lodged against petitioner as well as co-accused namely Jyoti Kumar and Lala Lohar, who is resident of Uttar Pradesh.
3. Precise allega
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 general rule of bail, and the need to balance competing factors while exercising judicial discretion.
The presumption of innocence is fundamental in criminal jurisprudence, guiding the decision to grant bail, which should be the general rule, ensuring defendants are not unnecessarily detained during ....
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
The presumption of innocence, the general rule of bail over jail, and the discretion of the court in granting bail were the central legal principles established in the judgment.
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
The court permits bail when the prosecution's claims are unsupported by specific evidence and the petitioner has been incarcerated for a considerable time without trial.
A bail application should be evaluated based on the merits of the case rather than solely on the accused's prior criminal record.
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
The main legal point established in the judgment is the importance of complying with the conditions of bail and the court's reliance on evidence of money trail in reaching its decision.
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