Dashrath Singh vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 511

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Dashrath Singh – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Prikshit Rathore, Advocate.
For the Respondent:Mr. Hemant K. Verma, Deputy Advocate General

Table of Content
1. complainant witness turned hostile denying key facts. (Para 4)
2. bail is rule; jail exception balancing liberty. (Para 6)
3. prima facie case doubtful warranting bail. (Para 7)
4. pretrial detention cannot be punitive under article 21. (Para 9 , 10 , 11)
5. no antecedents or tampering risk justifies release. (Para 12 , 14 , 15 , 16 , 17)
6. prolonged incarceration violates speedy trial right. (Para 13)
7. bail granted with stringent conditions protecting justice. (Para 18 , 19)

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner, Dashrath Singh, who is in custody since 13.04.2021, has come up before this Court, seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as 'BNSS'], originating from FIR No.32 of 2021, dated 11.04.2021, under Sections 302 of the Indian Penal Code registered at Police Station Nahan, District Sirmour, [HP].

FACTUAL MATRIX IN INSTANT BAIL PETITION:

2. Case set up by Learned Senior Counsel is that bail petitioner has been falsely implicated and he has no connection with the alleged offence. It is averred that an FIR No 32 of 2021, dated 11.04.2021 was registered under Section 302 of Indian Penal Code b