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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Rajinder Singh – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the police had registered F.I.R. No. 178 of 2022, dated 14.09.2022, for the commission of offences punishable under Sections 342, 328, 420, 465, 471, 468 and 201 of IPC, at P.S. Sadar Solan, District Solan, H.P. The petitioner is innocent, and he was falsely implicated. He will jointhe investigation as and when directed to do so. The petitioner had earlier filed a bail petition, which was registered as Cr.MP.(M) No. 2171 of 2023, and was dismissed on 09.11.2023. An F.I.R. No. 208 of 2022, dated 08.12.2022, was also registered against the petitioner at Police Station Sadar Bazar Merrut, U.P. Hence, the petition.
2. The petition is opposed by filing a status report stating that telephonic information was received on 14.09.2022, that three women and five men were found unconscious in different rooms of Hotel Himani. The Police recorded the statement of Ramesh Kumar, who stated that one masked person demanded rooms on 11.09.2022. He produced an Aadhaar card of Sanjeev Kumar. Rooms No. 202, 203, 205, 206 and 102 were allotted to him. One lady called the caretaker
A subsequent bail application requires a material change in circumstances; mere claims of delay in trial do not suffice if the trial is progressing normally.
Bail applications require a material change in circumstances for reconsideration after a previous denial, ensuring the accused's presence during trial without undue delay.
The court affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
A subsequent bail application requires a material change in circumstances; the gravity of the offence can preclude bail even after prolonged custody.
Subsequent bail applications require a material change in circumstances; otherwise, they cannot be considered.
Bail cannot be granted based on discrepancies in witness statements once the trial has commenced; substantial change in circumstances is required for reconsideration.
A subsequent bail application can only be considered if there is a material change in circumstances, as established by judicial precedents.
A fresh bail application requires a substantial change in circumstances since the previous denial; adjournments sought by the petitioner do not justify bail.
Bail applications in serious offences require substantial change in circumstances since prior rejections, considering the nature of accusations and risk factors.
A material change in circumstances is required for reconsideration of bail applications; otherwise, previous denials remain binding.
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