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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Amit Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence, no incriminating evidence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. party scuffle caused fatal fall from wall. (Para 10) |
| 3. prosecution fears witness tampering, seeks denial. (Para 11 , 13) |
| 4. investigation complete, charge-sheet filed, trial advanced. (Para 12) |
| 5. no specific role, parity, conditions warrant bail. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. bail granted on bond with strict conditions. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
Virender Singh, Judge
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Amit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.1 of 2025, dated 01.01.2025, registered under Sections 103 (1), 3(5), 115(2) & 117 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘’), with Police Station, Dalhousie, District Chamba, H.P.
2. According to the applicant, he is innocent person and has been made a scapegoat, in the present case, or neither, his name figures as aggressor nor, as an accompanist for the commission of the alleged crime.
3. It is the case of th
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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.
One is deemed to be innocent till time his/her guilt is not proved.
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....
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.
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