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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sachin Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
VIRENDER SINGH, J.
1. Applicant-Sachin 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. 1 of 2025, dated 1st January, 2025, registered under Sections 105, 3 (5), 115 (2) and 117 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), with Police Station Dalhousie, District Chamba, H.P.
2. According to the applicant, the FIR, in the present case, has been lodged on false allegations, by the police.
3. As per the case of the applicant, the story of the prosecution is shrouded by suspicious circumstances and there is no link evidence to connect the applicant with the alleged incident.
4. It is the case of the applicant that there is nothing on record, much less evidence, to prove the allegations levelled against him..
5. According to the applicant, he is innocent and has falsely been implicated and arrested by the police, in the above noted case, as, he has no concern, whatsoever, with the alleged offence.
6. According to the applicant, he had earlier tried his luck by moving similar bail applications
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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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 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.
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....
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