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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No.652 of 2026

Decided on: 27.04.2026

____________________________________________________________

Sanjeesha Chauhan ………..Petitioner

Versus

State of Himachal Pradesh o ……….Respondent

____________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeept Sharma, Judge.

Whether approved for reporting? ¹

For the Petitioner : Mr. P.P.Chauhan, Ms. Shikha

Rajta & Ms. Urvashi Rajta,

Advocates.

For the Respondent : Mr. Rajan Kahol & Mr. Vishal

Panwar, Additional Advocates

General with Mr. Ravi Chauhan

h & Mr. Anish Banshtu, Deputy

Advocates General.

ASI Maheshwar Parsad, PS

i Nalagarh, District Solan, HP

H present in person along with

record.

____________________________________________________________

Sandeep Sharma, Judge (oral) :

Sequel to order dated 20.04.2026, whereby

petitioner was ordered to be enlarged on interim bail in FIR

1 Whether the reporters of the local papers may be allowed to see the judgment?

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No.0278 dated 01.10.2023 under Sections 420, 467, 468 and

120-B of Indian Penal Code, at Police Station Nalagarh,

District Baddi, H.P., respondent-State has filed status report

prepared on the basis of the investigation carried out by the

Investigating Agency and ASI Bharat Bhushan has come

present with record. t

2. Mr. Rajan Kahol, learned Additional Advocate

General fairly states that pursuant to order dated

20.04.2026, bail petitioner has already joined the

investigation and she is fully co-operating with the

investhigating agency. Mr. Kahol further contends that at this

sgtage nothing is required to be recovered from the bail

ipetitioner and as such, her custodial interrogation is not

required and she can be ordered to be enlarged on bail

subject to the condition that she shall make herself available

for investigation and trial, as and when called by the

Investigating Agency.

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3. In view of the aforesaid fair submissions having

been made by Mr. Rajan Kahol, learned Additional Advocate

General, this Court sees no reason for custodial interrogation

of the bail petitioner and as such, she deserves to be enlarged

on bail.

4. By now it is wetll settled that freedom of an

individual is of utmost importance and cannot be curtailed for

indefinite period. Till the time guilt of accused is not proved,

in accordance with law, he is deemed to be innocent. In the

case at hand, the guilt, if any, of the bail petitioner is yet to

be prohved, in accordance with law.

5g. The Hon'ble Apex Court in Criminal Appeal

iNo.227/2018, Dataram Singh vs. State of Uttar Pradesh &

Anr decided on 6.2.2018 has categorically held that freedom

of an individual is of utmost importance and same cannot be

curtailed merely on the basis of suspicion. Hon’ble Apex

Court has further held that till the time guilt of accused is not

proved, in accordance with law, he is deemed to be innocent.

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The relevant paras No.2 to 5 of the judgment are reproduced

as under:-

2. A fundamental postulate of criminal jurisprudence

is the presumption of innocence , meaning thereby that

a person is believed to be infnocent until found guilty.

However, there are instoances in our criminal law

where a reverse onus has been placed on an accused

with regard to so me specific offences but that is

another mattert and does not detract from the

fundamental postulate in respect of other offences. Yet

another important facet of our criminal jurisprudence

is that the grant of bail is the general rule and putting

a person in jail or in a prison or in a correction home

(whichever expression one may wish to use) is an

exception. Unfortunately, some of these basic

Cprinciples appear to have been lost sight of with the

result that more and more persons are being

incarcerated and for longer periods. This does not do

any good to our criminal jurisprudence or to our

society.

3. There is no doubt that the grant or denial of bail