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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Aman @ Harsh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. details of petitioner's arrest and accusation. (Para 1 , 2) |
| 2. court's reasoning on bail application. (Para 3 , 6 , 8 , 9) |
| 3. arguments regarding bail and case merits. (Para 4 , 5) |
| 4. parameters for granting bail as per supreme court. (Para 7) |
| 5. dismissal of petition and final observations. (Para 10 , 11) |
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. 43 of 2023, dated 2.11.2023, registered at Women Police Station, Solan, for the commission of the offences punishable under Section 376D of the INDIAN PENAL CODE (IPC)and Section 4 of the Protection of Children from Sexual Offences Act (POCSO). The petitioner was arrested on 5.11.2023. The petitioner is innocent, and he was falsely implicated. The investigation is complete. The petitioner filed a bail application before learned Additional Sessions Judge Solan (Fast Track Court), which was dismissed on 27.3.2024. There is no likelihood of the petitioner absconding. He shall abide by all the terms and conditions, which the Court may impose. Hence the petition.
2. The petition is opposed to filing a statu
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 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 be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Bail should not be granted in serious offences like rape, especially after trial commencement, despite discrepancies in the victim's statements.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The court emphasized that the heinous nature of the crime and the evidence against the petitioner justified the denial of bail, despite claims of trial delays.
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....
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