Himachal Pradesh HC: Co-accused disclosures alone cannot justify continued custody

Himachal Pradesh High Court's Single Judge Bench held that disclosures by co-accused while in police custody cannot by themselves be used against another co-accused to justify continued detention. Justice Virender Singh ruled on a regular bail application under Section 483 of the Bharatiya Nyaya Sanhita, 2023 in a case involving offences under sections 103, 127(2), 125(2), 61(2) and 3(5) of the BNS.

The Court observed that where similarly placed co-accused had already been granted bail, no specific role had been attributed to the applicant, and the trial was likely to take considerable time, continued incarceration would amount to pre-trial punishment. The bench therefore entitled the applicant to bail. The case arose from an August 2024 incident in Baddi involving a dispute during a ganja transaction that escalated into an assault.