Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Pankaj Sharma – Appellant
Versus
State of HP – Respondent
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in FIR No. 16 of 2026, dated 21.2.2026, registered at Police Station Ani, District Kullu, H.P., for the commission of offences punishable under Sections 326(g), 351(2) and 62 of Bharatiya Nyaya Sanhita, 2023 (BNS).
2. It has been asserted that the petitioner was arrested on 21.2.2026. He is innocent and has not committed any offence. The informant’s daughter was residing at Shimla and was in a relationship with the petitioner for about three years. The informant did not approve the relationship between his daughter and the petitioner. He lodged a false FIR to get rid of the petitioner. The petitioner is in judicial custody. No recovery is to be effected from the petitioner. The petitioner is a permanent resident of Tehsil Shillai, District Sirmour, H.P., and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report mentioning that the informant, his wife and daughter were sleeping in t
The court ruled that severity of the charges and substantial evidence against the petitioner justified denial of bail, emphasizing the need to safeguard the judicial process. Evidence indicated likel....
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....
Confessional statements of co-accused to police inadmissible under CrPC Section 162 and Evidence Act Section 25; insufficient alone to deny bail without other incriminating material, per bail princip....
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
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....
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.
Bail denied in attempt to murder via hammer blow to head causing fracture; gravity of offence, severe punishment (life imprisonment), and witness tampering risk paramount despite no blood on weapon.
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity and punishment severity.
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
