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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ganga Ram – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. fir details and investigation status reported. (Para 1 , 3) |
| 2. petitioner claims false implication, trial delays. (Para 2 , 4) |
| 3. bail evaluated per supreme court parameters. (Para 5 , 6) |
| 4. bail claim analyzed on case facts. (Para 7) |
| 5. prolonged custody violates article 21 liberty. (Para 8 , 9 , 10 , 11) |
| 6. no tampering risk or flight apprehension; parity. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 7. bail granted considering totality of circumstances. (Para 18) |
| 8. stringent conditions imposed for bail release. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner, Ganga Ram, who is in custody since 29.03.2024, 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.15 of 2024, dated 24.03.2024, under Sections 376 (2) (b) (f) (l) and Section 506 of the Indian Penal Code registered at Police Station Sangrah, District Sirmour, [HP].
FACTUAL MATRIX IN INSTANT BAIL PETITION:
2. Case set up by Learned Senior Counsel is that the bail petitioner has been falsely implicated and he has no connection with the alleged offence. It is averred that an FIR No.
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Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
Bail is a rule and jail is an exception; personal liberty under Article 21 cannot be curtailed without substantial evidence, especially in cases of prolonged detention without trial.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
Bail is a rule, and denial of bail without sufficient grounds infringes personal liberty and the right to a speedy trial under Article 21 of the Constitution.
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