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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Ramesh Kumar @ Bittu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sushil Kukreja, J.
By way of instant petition, filed under Section 439 of the Code of Criminal Procedure the petitioner is seeking bail in case FIR No. 45/2023, dated 15.08.2023, under Sections 302, 201 & 34 of the Indian Penal Code (hereinafter referred to as “IPC”) registered at Police Station Sangrah, District Sirmaur, H.P.
2. The prosecution story, in brief, is that on 14.08.2023 a telephonic information was received at Police Post Haripur Dhar that a person was found dead in suspicious circumstances. Accordingly, the police party left for Haripurdhar and found the corpse of deceased Rajender alias Pappu at Kharoti Khala. The police recorded the statement of Rajender Kumar under Section 154 Cr. P.C., who stated that today at about 8:40 p.m. his sister telephonically inquired from him that her husband Rajender Singh alias Pappu (deceased) could not be seen anywhere. On this, when he started searching for his brother-in-law (Jija), he came to know that his brother-in-law was sitting in the hotel of Manoj Chhinta at Haripurdhar and on making inquiries, Manoj Chhinta disclosed to him that Rajender Singh alias Pappu (deceased) had left his homestay at about 6:30 p.m. At abou
The presumption of innocence prevails, and bail is granted when insufficient evidence links the accused to the crime, emphasizing that deprivation of liberty is punitive unless necessary for trial at....
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....
Successive bail applications require substantial change in circumstances; mere delay in trial does not suffice for bail in serious offenses.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
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