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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Baldev – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 44 of 2023, dated 27.8.2023, for the commission of offences punishable under Sections 376 A&B, Section 506 of the Indian Penal Code (IPC), Section 6 of Protection of Children from Sexual Offences Act (POCSO) and Section 3(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC&ST Act) at Women Police Station Chamba, District Chamba, H.P. It has been asserted that the petitioner was falsely implicated. The investigation is complete. The custody of the petitioner is not required. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.
2. A status report has been filed by the State asserting that the informant made a complaint to the police, asserting that the victim’s mother was working as domestic help with her. She visited the informant’s house on 27.8.2023 at 11.00 AM with the victim. She wanted to convey something to the informant but could not convey as she was speech and hearing impaired. The informant inquired from the victim who replied
The court emphasized that bail in heinous offences against minors is not granted lightly, considering the nature of the crime and the right to a speedy trial.
The court emphasized that the heinous nature of the crime and the evidence against the petitioner justified the denial of bail, despite claims of trial delays.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
Bail should not be granted in serious offences like rape, especially after trial commencement, despite discrepancies in the victim's statements.
The court emphasized that bail should be denied in serious offences like abetting rape, considering the gravity of the crime and potential influence on the victim.
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
The court emphasized that in serious criminal cases, particularly involving sexual offences, the gravity of the allegations and potential witness tampering are critical factors in bail considerations....
Discrepancies in a victim's statements do not justify bail in serious offences like rape once the trial has commenced, reflecting the need to ensure trial integrity.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
The court emphasized that consent from a minor is legally irrelevant in sexual offences, particularly in heinous cases, thus denying bail to the accused.
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