Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Hem Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that the petitioner was falsely implicated in FIR no. 14/2025 dated 07.02.2025, registered at Police Station Theog, District Shimla H.P. for the commission of offences punishable under Sections 115(2), 118(1), 126(2) and 351 (2) of the Bhartiya Nyaya Sanhita, 2023 (BNS). The petitioner is innocent and no case is made out against him. The complaint was filed to harass the petitioner. The petitioner is a respectable member of the society. He would abide by all 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 came to the police post in an injured condition with his employer-Prem Verma. Prem Verma filed an application asserting that the petitioner came to the room of the victim on 05.02.2025 and demanded charas and liquor. Subsequently, he (the petitioner) attacked the victim with Darat on the head. The victim made a statement that the petitioner had visited his room and asked for food. The victim served the food, and the petitioner asked the victim to show
Pre-arrest bail is an extraordinary remedy, granted sparingly, requiring careful consideration of the nature of accusations and the accused's criminal history.
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
Bail denied in attempt to murder via hammer blow to head causing fracture; gravity of offence, severe punishment (life imprisonment), and witness tampering risk paramount despite no blood on weapon.
The court determines bail eligibility based on the nature of injuries sustained by the informant and whether attributable to the petitioner.
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 in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
The nature and gravity of the offences are relevant considerations in determining bail entitlement, and the right of private defence is not available for punishing a wrongdoer.
The court emphasized the necessity of custodial interrogation in serious offences, balancing individual rights against public interest, and found sufficient prima facie evidence of the applicant's in....
Pre-arrest bail is permissible where self-defense is claimed and injury is deemed simple in nature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
