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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Rohit Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The petitioner has filed the present petition to seek regular bail. It has been asserted that the petitioner was arrested vide FIR No. 7 of 2024, dated 14.3.2024, registered for the commission of offences punishable under Sections 363 and 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO) at the Women Police Station in Baddi, District Solan, H.P. The allegations against the petitioner are highly improbable. They contain serious defects, major contradictions, and inherent flaws. The victim changed her version in her recorded statements. The statements are contradictory and lack authenticity. There is no ocular or scientific evidence against the petitioner. The victim was over 17 years of age at the time of the incident. The matter was listed for consideration on charge on 16.12.2024. The prosecution has cited 26 witnesses, and it will take considerable time to dispose of the matter. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.
2. The petition is opposed by filing a status report asserting that the informant made a complaint to the police
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 the heinous nature of the crime and the evidence against the petitioner justified the denial of bail, despite claims of trial delays.
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 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 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.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
Bail applications in serious offences require substantial change in circumstances since prior rejections, considering the nature of accusations and risk factors.
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 not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
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