The fundamental Postulate of the Criminal Jurisprudence is the Presumption of Innocence until Innocent is found Guilty: High Court of Shimla

 Hig h C o urt of H.P on 07 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. Cr.MP(M) No. 5621 Decided on: 07.4.2021 __________________________________________________________________ Anita Kumari Petitioner Versus State of Himachal Pradesh ….Respondent __________________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma Judge. Whether approved for reporting 1 For the Petitioner : Mr. P.P. Chauhan Advocate.. For the Respondent : Mr. Sudhir Bhatnagar and Mr. Arvind Sharma Additional Advocates General. __________________________________________________________________ Sandeep Sharma Judge14 SCC 496 has laid down the following principles to be kept in mind while deciding petition for bail:whether there is any prima facie or reasonable ground to believe that the accused had committed the offence nature and gravity of the accusation severity of the punishment in the event of conviction danger of the accused absconding or fleeing if released on bail character behaviour means position and standing of the accused likelihood of the offence being repeated reasonable apprehension of the witnesses being influenced and danger of course of justice being thwarted by grant of bail. 6. Recently the Hon’ble Apex Court in Criminal Appeal No. 227 2018 Dataram Singh vs. State of Uttar Pradesh & Anr. decided on 6.2.2018 has categorically held that a fundamental postulate of criminal jurisprudence is the presumption of innocence meaning thereby that a person is believed to be innocent until found guilty. Hon’ble Apex Court further held that while considering prayer for grant of bail it is important to Hig h C o urt of H.P on 07 04 HCHP 4ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Hon’ble Apex Court further held that if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimized it would be a factor that a judge would need to consider in an appropriate case. 7. Consequently in view of the above order dated 23.3.2021 passed by this Court is made absolute subject to the following conditions: a. She shall make herself available for the purpose of interrogation if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application b. She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever c. She shall not make any inducement threat or promises to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or the Police Officer and d. She shall not leave the territory of India without the prior permission of the Court. 8. It is clarified that if the petitioner misuses her liberty or violates any of the conditions imposed upon her the investigating agency shall be free to move this Court for cancellation of the bail. Hig h C o urt of H.P on 07 04 HCHP 59. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone. The bail petition stands accordingly disposed of. Copy dasti. 7th April 2021 manjit Judge 

Summary: In criminal jurisprudence, the person is presumed to be innocent, unless and until he is found guilty. This auspicious judgement was passed by the High Court of Shimla in the case of Anita Kumari Versus State of Himachal Pradesh [Cr.MP(M) No. 563 of 2021] by The Hon’ble Mr. Justice Sandeep Sharma, judge. The bail application was filed by petitioner whereby the petitioner was ordered to be enlarged on interim bail in connection with FIR No. 57/2021 dated 21.3.2021 under Sections 376, 420, 506 and 120-B of IPC, registered with Police Station Palampur, HP, respondent-State has placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. The present bail petitioner had joined the investigation and as such, her custodial interrogation is not required at this stage. It was stated that State has no objection, in case the petitioner had ordered to be enlarged on bail subject to condition that she shall always make herself available as and when required by the Investigating Agency. The object of the bail was to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. The learned council referred the case of Sanjay Chandra versus Central Bureau of Investigation (2012), Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496 and Dataram Singh vs. State of Uttar Pradesh &amp; Anr in which it was held that, “a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty.”