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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Geeta Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner claims innocence (Para 2 , 3 , 4 , 7 , 8) |
| 2. opposition argues heinous allegations (Para 5) |
| 3. consideration of bail parameters (Para 6) |
| 4. special provisions for women (Para 9) |
| 5. inaction of petitioner not circumstantial (Para 10) |
| 6. time lapse raises doubts (Para 11 , 12 , 13) |
| 7. petitioner granted bail (Para 14 , 15) |
| 8. order disposed of (Para 16 , 17) |
JUDGMENT :
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 90 of 2024, dated 29.10.2024 for the commission of offences punishable under Section 108 read with Section 3(5) of Bhartiya Nayaya Sanhita, 2023 (BNS), registered at Police Station BSL Colony, Sundernagar, District Mandi, H.P. The petitioner is innocent and he was falsely implicated. The investigation is complete and no recovery is to be effected from the petitioner. The deceased was a member of the joint family. All the adult family members have been arrested and there is no one to look after the children aged 11 years, 08 years and 05 years. The petitioner is a chronic heart patient and has undergone cardiac surgery in PGI. She has recovered from scrub typhus
Bail may be granted to women accused of serious offences under special provisions, considering individual circumstances and the nature of allegations.
The court granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women 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.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
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.
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 denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
The court affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
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