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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Subhash Kumar – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. applicant's residence, innocence, and false implication claimed. (Para 1 , 2 , 3 , 4 , 5) |
| 2. bail urged on parity, no custody need, undertakings. (Para 6 , 7 , 8 , 9 , 10) |
| 3. new year party scuffle leads to manager's death. (Para 11) |
| 4. prosecution fears witness tampering, seeks bail denial. (Para 12 , 14) |
| 5. no specific role; parity, conditions mitigate risks. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. bail granted with bonds and strict conditions. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
Virender Singh, J.
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Subhash 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. Reasserting the fact that the applicant is permanent resident of village Kandi, Post Office Bhalei, Development Block Salooni, Tehsil Salooni, District Chamba, H.P. It has been pleaded that he is having deep
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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.
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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.
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....
One is deemed to be innocent till time his/her guilt is not proved.
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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