Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI
Aryan – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. coffee shop altercation escalated to group assault causing death. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. personal liberty fundamental; allegations not sole bail denial factor. (Para 9 , 10) |
| 3. long custody and trial delay warrant bail grant. (Para 11 , 12) |
JUDGMENT :
Bipin Chander Negi, J.
The present bail petitions have been filed under Section 483 of the BNSS for grant of regular bail, in FIR No.14 of 2024, dated 21.03.2024, registered at Police Station, Mcleodganj, District Kangra, H.P., under Sections 302, 323, 147 and 149 of the Indian Penal Code.
2. I have heard learned counsel for the parties. Perused the record and the status report.
3. In the case at hand, a telephonic information was received in Police Station Mcleodganj from the hospital that an individual belonging to the State of Punjab has been brought to the hospital and he has dead. On receiving the aforesaid information, the police rushed to the Zonal Hospital, Dharamshala. The informant in the case at hand is one Harmanpreet Singh, who got recorded his statement under Section 154 Cr.PC. As per the informant on 20.03.2024, he along with his elder brother Navdeep Singh, brother-in-law Gagandeep Singh an
Bail granted in murder case emphasizing prolonged incarceration, completed investigation, examined witnesses, trial delay overrule offence gravity; personal liberty paramount, presumption of innocenc....
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should be granted unless there is a risk of flight or tampering with evidence.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
