Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Rajesh Mehto – 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. 224 of 2023, dated 22.08.2023, registered for the commission of an offence punishable under Section 302 of Indian Penal Code (in short ‘IPC’) at Police Station Baddi, District Solan, H.P. The petitioner is in custody for more than one year and five months and there is no possibility of early conclusion of the trial. The petitioner is ready and willing to 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 regarding the death of Sakinder. The police reached the spot and found the dead body. Injuries were found on the chest and left thigh. It was found that the deceased had consumed alcohol throughout the day on 15.08.2023. He subsequently went to the room of the present petitioner. Another person was present in the room. All of them consumed liquor and chicken. The petitioner and Sakinder quarrelled. Sakinder called Daleep and Roshan to the petitioner’s room. All of them gave beati
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.
The court ruled that bail should be denied in cases involving serious charges like murder, especially when there is substantial evidence against the accused.
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 based on the nature of accusations, the gravity of the offence, and the risk of witness tampering, while ensuring conditions facilitate justice.
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 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 insufficient evidence and the nature of the accusations justified granting bail, with conditions to ensure the accused's presence during trial.
The court emphasized that bail should not be granted for serious offences, especially those punishable by capital punishment, and that shared liability exists when co-accused act in concert.
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 should be granted based on the accused's community ties and the nature of the allegations, not solely on the seriousness of the charges.
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
