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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Husnain – 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. 278 of 2021, dated 7.12.2021, registered at Police Station Baddi, District Solan, H.P. for the commission of an offence punishable under Section 302 of the Indian Penal Code (IPC). The petitioner is innocent and he was falsely implicated. The investigation is complete and no recovery is to be effected from the petitioner. The charge sheet has been filed before the Court and the matter is listed for recording the statements of prosecution witnesses. The prosecution has cited 28 witnesses out of whom 07 witnesses have been examined. There is no possibility of an early conclusion of the trial. No fruitful purpose would be served by detaining the petitioner in custody. Petitioner is 24 years of age. His family is dependent upon him. He shall abide by the terms and conditions which the Court may impose. Hence the petition.
2. The petition is opposed by filing a status report asserting that the informant was married to Geeta Devi (since deceased). Geeta Devi had gone to Firozpur to earn her livelihood. The informant used to
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 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.
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 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.
A subsequent bail application requires a material change in circumstances; the gravity of the offence can preclude bail even after prolonged custody.
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 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 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 is denied based on the seriousness of the charges, evidence of involvement, and the need to protect witness safety.
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.
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