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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sushil Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail application pending murder trial under bns. (Para 1) |
| 2. applicant claims innocence, family needs, parity with co-accused. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. deceased missing, body found and identified. (Para 8) |
| 4. applicant aided body disposal, evidence destruction. (Para 10 , 11 , 12 , 13) |
| 5. abnormal conduct post-murder; prior bail denied. (Para 14 , 15 , 16) |
| 6. bail refused; no case made out. (Para 17 , 18 , 19) |
Virender Singh, J.
The present bail application has been filed by the applicant, for releasing him on bail, during the pendency of the trial, arising out of FIR No. 12 of 2025, dated 15.2.2025, registered under Sections 103(1), 140(1), 3(5), 61(2) and 238 of Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Panchrukhi, District Kangra, H.P.
2. According to the applicant, he is innocent persons and has falsely been implicated and arrested by the Police. According to him, he has no concern, whatsoever with the crime, for which, he has been arrested, in this case.
3. The applicant has pleaded that he has two minor children to look after, as he and his wife are in judicial custody, in this case.
4. The applicant has fur
Bail denied in heinous murder case involving body disposal and evidence destruction due to applicant's significant role, abnormal post-incident behaviour, prior dismissals without changed circumstanc....
A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.
Bail granted in death case despite CCTV involvement from inception, as no specific role attributed, investigation complete, most witnesses examined, parity with co-accused, deep roots, with condition....
The court considered the individual role and knowledge of the petitioner in the alleged murder, and the possibility of imposing conditions for bail based on the specific circumstances of the case.
The court reinforced the right to bail and emphasized that pre-trial detention should not serve as punishment when evidence against the accused is insufficient.
Bail granted in culpable homicide case from scuffle-induced fatal fall, due to advanced trial (40/43 witnesses examined), co-accused parity, no specific role, societal roots, completed investigation.
Bail denied in double murder case due to offence gravity, prima facie involvement per eyewitness and CCTV, alibi for trial, and tampering risks before complainant examination.
Bail granted to accused with mere presence at scene via CCTV and no specific role, as investigation complete, most witnesses examined, no prior cases, local resident, parity with co-accused, and cond....
Violation of the fundamental rights of the accused-applicant guaranteed under Article 21 read with Articles 14 and 19(1)(g) of the Constitution of India.
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