IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vikram Kumar @ Jimmy – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
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| 1. final order of court regarding bail conditions and interim protection. (Para 17) |
JUDGMENT :
VIRENDER SINGH, J.
1. The above titled bail applications, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’) are being disposed of by this common order, as the applicants, are apprehending their arrest, in case FIR No. 00067/2025, dated 22.7.2025, registered under Sections 420, 120B and 506 of Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station West, Shimla, District Shimla, H.P.
2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case.
3. According to the applicants, complainant entered into a business arrangement, under which, he was to advance loan to the applicants, and in return, the applicants were required to pay back the same, alongwith interest. In furtherance of said arrangement, complainant transferred money to the applicants, on various occasions, during the pe
Failure to substantiate fraud allegations justifies bail when complainant lacks supporting evidence and does not participate in the investigation.
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
The court ruled that without substantial evidence from the complainant, no case for custodial interrogation was established, allowing interim bail.
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