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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Vikas – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Bail petitioner namely Vikas, who is behind the bars since 24.12.2025, has approached this Court in the instant proceedings filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in FIR No. 255 of 2025, dated 12.11.2025, under Sections 115 (2), 126 (2), 109, 351 (2) & 3 (5) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, registered at PS Paonta Sahib, District Sirmour, Himachal Pradesh.
2. Respondent State has filed status report and HC Vikas Chaudhary, has come present with record. Record perused and returned.
3. Perusal of record/status report reveals that on 12.11.2025, police received a telephonic information that person namely Saurav Kumar i.e. complaint has been given beatings at Devi Nagar by persons namely Hamza and Satbir. Police after having reached the spot recorded the statement of the complainant under Section 173 of the BNSS, wherein he alleged that on afore date at about 7:20pm, while he was standing with Daji Momowala at Shani Mandir near Barf Factory, afore co-accused came on the spot and gave him beatings. Complainant alleged that accused firstly attempted to file a gunshot
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 main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
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