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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Karan Sharma, J
Gurcharan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application details. (Para 1) |
| 2. incident and implications of the arrest. (Para 2 , 3) |
| 3. arguments by both parties regarding bail. (Para 5 , 6) |
| 4. court observations regarding bail principles. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. key ratio decidendi on custody justification. (Para 14) |
| 6. conclusion on bail application. (Para 15 , 16 , 17) |
| 7. order for proceeding with bail. (Para 18) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 18 of 2025 dated 24.01.2025 registered at Police Station Sadar District Chamba, H.P. for the commission of offences punishable under Sections 126 (2), 115(2), 238 and 109 of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).
2. It has been asserted that the petitioner was falsely implicated. He was arrested on 24.01.2025 and has been in custody since then. The petitioner has not committed the offence alleged against him. As per the prosecution, the informant and Pawan Kumar were returning to their home. An unknown person came with a stick and inflicted a blow on the head of Pawan Kumar. Pawan Kumar fell. He was taken to the hospital. The petitioner is a permanent resident of District Lakhimpur Khiri (UP), and t
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