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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Lakhwinder – 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 F.I.R. No. 150 of 2022, dated 27.10.2022, for the commission of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of Arms Act. The petitioner is innocent and he was falsely implicated. The police have filed the charge sheet before the Court. The petitioner has been in custody for more than two years. The prosecution has examined 05 witnesses out of 61 witnesses cited by it. The matter was listed before the learned Trial Court on 19.02.2025 and 20.02.2025. The petitioner 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 police received information that the dead body of Harbhajan Singh was lying in the bushes. The police reached the spot. The informant-Balwinder Singh made a complaint that Harbhajan Singh had gone towards the main road in his motorcycle bearing registration No. HP-12E-2721 on 26.10.2022 at 8:45 pm, however, he did not return. Th
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.
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.
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.
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 granted when there is insufficient evidence to substantiate serious allegations, and the accused's rights must be balanced with the need for justice.
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 bail should be granted based on the absence of specific evidence against the accused, while considering the principle of parity in bail decisions.
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 the gravity of the offence and the prima facie evidence against the petitioner justified the denial of bail, despite claims of insufficient evidence.
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