Historic Bail Granted Under Bharatiya Nyaya Sanhita in H.P. High Court

Shimla, July 4, 2024 — In a first , the Himachal Pradesh High Court granted the first-ever bail under the new Bharatiya Nyaya Sanhita, 2023 (BNS).

The bail was awarded in the case of Baldev Singh vs. State of H.P.

The petitioner, Baldev Singh, appeared before the court represented by Advocate Ganesh Barowalia, while Mr. Jitender K. Sharma, Additional Advocate General, represented the State.

Singh had surrendered himself to the court earlier today.

Justice Rakesh Kainthla presided over the case and issued an interim bail order for Baldev Singh.

Singh  is accused of offenses under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 352 and 351(2) of the newly enacted BNS.

The FIR, registered as 0065 on July 1, 2024, at Police Station Jawalamukhi in District Kangra, alleges Singh's involvement in offenses related to actions against members of Scheduled Castes and Scheduled Tribes.

Given the nature of the charges, the court granted interim bail on the condition that Singh furnishes a personal bond of ₹25,000/- with one surety in the same amount. The court further directed Singh to cooperate with the investigation as required.

Mr. Jitender K. Sharma waived the service of notice on behalf of the respondent and requested two weeks to file a reply or status report, which the court approved.

The case has been scheduled for the next hearing on July 14, 2024.

The court has also instructed the State to inform the informant about the current status and scheduled hearing of the bail petition.

The BNS, replacing the Indian Penal Code, has introduced several changes and new provisions aimed at streamlining the judicial process and ensuring swifter justice.

This case will likely serve as a reference for future applications of the new legal framework.