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HIGH COURT OF HIMACHAL PRADESH
RAKESH KAINTHLA, J
Gaurav Kumar – 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 F.I.R. No. 37 of 2025, dated 13.02.2025, registered at Police Station Dharampur, District Solan, Himachal Pradesh, for the commission of offences punishable under Sections 64, 69, 352, and 351 (2) of Bharatiya Nyaya Sanhita, 2023 (BNS). The victim was the petitioner’s tenant. She filed a civil suit, which was compromised in January 2025. The present complaint was filed on 13.02.2025. The petitioner is innocent, and he was falsely implicated. Petitioner is a permanent resident of District Solan, H.P. There is no chance of his absconding. He would join the investigation and also abide by all the terms and conditions which the Court may impose. Hence, the present petition.
2. The petition is opposed by filing a status report asserting that the victim made a complaint to the police asserting that the petitioner had told her that he was divorcing his wife. He liked the victim and wanted to marry her. He also introduced the victim to his mother. The victim was ready to marry the petitioner. The petitioner maintained physical relation
The court emphasized that bail should be granted based on the accused's community ties and the nature of the allegations, not solely on the seriousness of the charges.
The court emphasized that bail should be granted when there is insufficient evidence to substantiate serious allegations, and the accused's rights must be balanced with the need for justice.
The court emphasized that bail should be granted based on the nature of accusations, the gravity of the offence, and the risk of witness tampering, while ensuring conditions facilitate justice.
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 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 in serious criminal cases, particularly involving sexual offences, the gravity of the allegations and potential witness tampering are critical factors in bail considerations....
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
Bail may be granted to women accused of serious offences under special provisions, considering individual circumstances and the nature of allegations.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
Absconding from trial proceedings compromises the fairness of the trial, justifying the denial of bail in serious offences.
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