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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Chint Ram – Appellant
Versus
State of H.P. – 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. 75 of 2024 dated 01.03.2024 registered with the Police Station Sundernagar, District Mandi, H.P. for the commission of offences punishable under Sections 341, 323, 354, 376 and 506 of the Indian Penal Code (hereinafter referred to as IPC). The petitioner has been in judicial custody since 04.03.2024. As per the victim, the petitioner tried to rape her when she was going to herhome on 01.03.2024 at around 5.00 PM. She cooked up a false story that the petitioner had also raped her in December 2022 at 9.00 PM. The petitioner had also made a complaint against the victim, and FIR No. 76 of 2024, dated 02.03.2024, was registered against the victim at Police Station, Sundernagar, District Mandi, H.P. The samples were sent for analysis, and no blood or semen were detected in the samples collected by the Medical OfÏcer. The petitioner had filed a bail petition, Cr.MP(M) No. 1094 of 2024, which was dismissed on 31.7.2024. It was observed by the Court that the report of RFSL was awaited. The report of RFSL has been received, wh
A subsequent bail application can be granted only upon a material change in circumstances, as established by judicial precedents.
The court affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
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 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.
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 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 applications require a material change in circumstances; otherwise, they cannot be considered.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
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