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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr Justice Rakesh Kainthla, J
Harbans Chaudhary – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. opposition to bail (Para 2 , 3 , 4) |
| 2. petitioner's counsel arguments (Para 5 , 7) |
| 3. state's counsel arguments (Para 6) |
| 4. consideration of submissions (Para 8) |
| 5. parameters for bail (Para 9 , 10 , 11) |
| 6. victim's credibility (Para 12 , 17 , 18 , 19 , 20) |
| 7. allegations of threats (Para 13 , 14 , 15 , 16) |
| 8. bail granted (Para 21) |
| 9. order disposal (Para 22 , 23) |
| 10. petition disposed (Para 24 , 25) |
JUDGMENT :
1. The petitioner has filed the present petition for seeking regular bail. It has been asserted the petitioner was arrested vide F.I.R. No.255 of 2024, dated 29.08.2024, for the commission of an offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS'). The police have completed the investigation, and the petitioner’s custody is not required. The petitioner had also lodged F.I.R. No. 94 of 2024, dated 18.03.2024, for the commission of offences punishable under Section 120B and 420 of IPC at Police Station Shivaji Nagar, Gurugram, against the victim and her friends for embezzlement of Rs.5,00,00,000/- (Rupees Five Crores). The victim and her friends were arrested in the said F.I.R. The victim had lodged the present F.I.R. after getting
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 bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
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....
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 denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Subsequent bail after prior rejection requires substantial change in circumstances; victim's resiling post-trial not ground for bail in serious sexual offences with prima facie DNA, video evidence; s....
The court affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
The main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
Bail denied in rape of intellectually disabled victim as prima facie case established by corroborated victim statement, medical evidence, site blood stains; heinous offence with life imprisonment pun....
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