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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Satnam Singh alias Satu Singh – 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. 26/23, dated 14.3.2023, registered for the commission of offences punishable under Sections 302, 307, 325 and 341 read with Section 34 of the Indian Penal Code and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC&ST Act), at Police Station Kot Kehloor, District Bilaspur, H.P. The petitioner is innocent and he was falsely implicated. An FIR No. 24/23, dated 14.3.2023, was registered on the complaint of the petitioner, Satnam Singh, regarding the incident. No case of murder is made out. The petitioner had also sustained grievous injuries, and he was undergoing treatment in AIIMS, Bilaspur. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.
2. The petition is opposed by filing a reply/status report asserting that the informant received a call from his brother Rohit on 13.3.2023 at 10.30 PM that some persons were searching for him (Rohit) and Sonu, and he (Rohit) should be taken away from the spot. The informant went to the spo
The court emphasized that bail is denied based on the seriousness of the charges, evidence of involvement, and the need to protect witness safety.
The court ruled that bail should be denied in cases involving serious charges like murder, especially when there is substantial evidence against the accused.
The court emphasized that bail should be granted based on the absence of specific evidence against the accused, while considering the principle of parity in bail decisions.
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 established that the evidence did not support a murder charge under Section 302 IPC, indicating a potential culpable homicide, thus granting bail based on the circumstances of the case.
The court denied bail due to the serious nature of the crime and the petitioner's responsibility for trial delays, emphasizing the need for justice and the accused's presence.
The court emphasized that the gravity of the offence and the prima facie evidence against the petitioner justified the denial of bail, despite claims of insufficient evidence.
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.
A subsequent bail application requires a material change in circumstances; the gravity of the offence can preclude bail even after prolonged custody.
The court emphasized that bail should be denied in serious criminal cases where there is a risk of witness intimidation and ongoing prosecution, as established in relevant Supreme Court precedents.
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