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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Raman Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence, parity, clean record for bail (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. mob violence injures police during communal protest pacification (Para 10) |
| 3. prosecution opposes bail citing seriousness, witness tampering risk (Para 12 , 13) |
| 4. presumption of innocence, parity, no priors favor bail grant (Para 14 , 15 , 16 , 17) |
| 5. bail allowed on bonds subject to conditions (Para 18 , 19 , 20 , 21 , 23) |
JUDGMENT :
Virender Singh, J.
Applicant-Raman Kumar has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), seeking, his release on bail, during the pendency of trial, arising out of FIR No. 97 of 2025, dated 13.06.2025, registered under Sections 299 , 132, 191(2), 191(3), 190, 351(2), 115(2) 121(1), 109, 61(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘’), with Police Station Majra, District Sirmaur, H.P.
2. According to the applicant, he is innocent and has nothing to do with the alleged offence, for which, he has been arrested by the police, in this case.
3. As per the applicant, the above-noted FIR has been registered on a false complaint
Bail granted in mob violence and police assault case amid communal tensions on grounds of trial pendency, presumption of innocence, parity with co-accused, completed investigation, clean antecedents,....
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.
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 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....
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....
Bail denied due to offence seriousness involving explosives, criminal antecedents, risks of evidence tampering and public safety threats; merits not evaluated deeply at bail stage to avoid prejudice.
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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