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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Shankar Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 24 of 2024, dated 05.12.2024, for committing offences punishable under Sections 64(2), 65(2), and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 6 of the Protection of Children from Sexual Offences Act (‘POCSO Act’) at Women Police Station BCS, Shimla, H.P. The petitioner isinnocent. He was falsely implicated due to a property dispute between the families of the victim and the petitioner. The victim’s maternal grandfather gave the petitioner's father five bighas of land, leading to a dispute. The petitioner has roots in the society and he is not likely to abscond. He is the sole breadwinner of the family. 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 victim’s mother made a complaint to the police stating that she had visited her parental home on 30.11.2024 with her children. The petitioner is her cousin. The victim had gone to the petitioner’s house on 01.12.2024 and returned a
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.
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....
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 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 serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
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....
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....
A subsequent bail application can be granted only upon a material change in circumstances, as established by judicial precedents.
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