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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Som Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. opposition arguments against bail. (Para 3 , 5 , 6) |
| 3. court analysis and observations on bail arguments. (Para 4 , 7 , 9 , 11 , 12 , 13 , 16 , 17 , 18 , 19 , 21 , 22 , 23) |
| 4. principles governing subsequent bail applications. (Para 8 , 10 , 14 , 15 , 20) |
| 5. final decision on the bail petitions. (Para 25 , 26) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petitions for seeking regular bail, in FIR No. 11 of 2025 dated 23.01.2025 registered at Police Station Majra, District Sirmaur, H.P., for the commission of offences punishable under Sections 103 (1), 117(2), 126(2) and 115(2) read with Section 3 (5) of Bhartiya Nyaya Sanhita ( BNS ), 2023. Since both the petitions have arisen out of the same FIR; therefore, they are being taken up together for disposal.
2. It has been asserted that, as per the prosecution, the informant Bhura Ram was going to his fields on 22.01.2025 at about 5:30 PM. The petitioner, Som Chand, nephew of Bhura Ram, started abusing him and his wife, Kalavati, without any reason. Bhura Ram objected, after which the petitioners, Som Chand and Neha, gave him beatings. The matter was
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
Bail denied in murder case due to prima facie aggressor role evidenced by eyewitness, CCTV, blood-stained exhibits; criminal antecedents; witness tampering risk from prior enmity; trial delay not out....
Bail denied in murder case due to prima facie evidence, gravity of offence, and severe punishment despite trial progress arguments.
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