Himachal Pradesh High Court Upholds Interim Bail in Sharp Weapon Assault Case and states that “Custodial Interrogation Not Justified”

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Court’s Decision

The Himachal Pradesh High Court allowed the application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, filed by the applicant seeking anticipatory bail. The Court extended the interim protection granted earlier, making it absolute, subject to strict conditions. It rejected the prosecution’s plea for custodial interrogation, stating that the evidence collected did not necessitate such a measure. The Court emphasized, “the role allegedly played by the applicant in the commission of the alleged crime will be proved during trial.”

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Facts

• Incident: The case originated from an FIR alleging that the applicant inflicted sharp weapon injuries on the injured party. This assault occurred during an altercation on October 30, 2024, at Banoli Road, Himachal Pradesh.
• Investigation Details:
  • The police registered the FIR based on a witness statement.
  • The injured party’s subsequent statement directly implicated the applicant.
  • Evidence included a knife allegedly used in the assault and a blood-stained shirt recovered from the injured.
• Applicant’s Defense:
  • The applicant denied involvement, claiming the FIR was fabricated.
  • He asserted his willingness to cooperate with the investigation, evidenced by his compliance with earlier court directions.
  • He maintained his ties to the community and argued there was no risk of absconding.

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Issues

1. Entitlement to Bail: Whether the applicant satisfied the legal conditions for anticipatory bail under BNSS, 2023.
2. Custodial Interrogation: Whether the prosecution established the necessity of custodial interrogation to advance the investigation.

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Petitioner’s Arguments

• The FIR and allegations were baseless, intended to falsely implicate the applicant.
• The applicant had cooperated with interim bail conditions, including joining the investigation.
• He argued that the evidence on record could be verified without requiring his custodial interrogation.
• The applicant undertook to adhere to all conditions imposed by the Court.

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Respondent’s Arguments

• The prosecution argued that:
  • The applicant directly participated in the crime.
  • The evidence collected, including the injured party’s statement and the recovered knife, linked the applicant to the assault.
  • Custodial interrogation was essential to ascertain further details about the incident and gather additional evidence.

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Analysis of the Law

The Court applied principles governing bail, focusing on:

1. Balance Between Liberty and Investigation: The Court reiterated the importance of safeguarding individual liberties unless there were compelling reasons for denial.
2. No Need for Custodial Interrogation: Courts must ensure that custodial interrogation is justified with clear grounds. In this case, the prosecution failed to establish such a need.
3. Avoiding Prejudice at Bail Stage: The Court underscored that evidence discussions at this stage must be avoided to ensure a fair trial.

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Precedent Analysis

The Court followed established legal standards emphasizing:

• Bail is the rule, jail is the exception.
• Custodial interrogation requires demonstrable necessity, failing which anticipatory bail should be granted.

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Court’s Reasoning

1. Lack of Grounds for Custodial Interrogation:
   • The Court noted that the applicant had fully cooperated with the investigation.
   • No specific evidence or allegations suggested non-compliance by the applicant.
2. Sufficient Safeguards in Place:
   • The conditions imposed on the applicant were deemed adequate to prevent interference with the investigation or tampering with evidence.
   • The Court stated, “The prosecution’s demand for custodial interrogation lacks legal justification.”
3. Observations Limited to Bail:
   • The Court clarified that its observations pertained solely to the bail application and would not affect the case’s merits.

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Conclusion

The Court finalized its decision by making the interim protection granted earlier absolute. It imposed the following conditions:

• The applicant must join the investigation as required by the Investigating Officer.
• The applicant shall not leave India without prior Court permission.
• The applicant must avoid influencing witnesses or tampering with evidence.
• The applicant is required to attend all trial court hearings regularly.

The Court directed the applicant to file a regular bail application once the charge sheet is filed in the competent court. It also permitted the prosecution to approach the Court if the applicant violated any bail conditions.

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Implications

This judgment highlights the judicial commitment to balancing individual rights with the investigation’s integrity:

• Judicial Oversight on Custodial Interrogation: The Court emphasized that such measures should not be routine and must be justified with solid evidence.
• Protection of Liberty: The decision reinforces the principle that anticipatory bail should not be denied lightly, aligning with broader human rights standards.
• Fair Trial Safeguards: The judgment ensures that neither the prosecution nor the defense is prejudiced before the trial.

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