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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
S – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application based on prior case history. (Para 1 , 2 , 3) |
| 2. contentions of the petitioner and state. (Para 5 , 6) |
| 3. court's reasoning on trial progress. (Para 7 , 14 , 18) |
| 4. guidelines for considering successive bail applications. (Para 9 , 10 , 11 , 12 , 13) |
| 5. final decision and dismissal of the petition. (Para 19 , 20) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 57 of 2024, dated 07.10.2024, registered for the commission of offences punishable under Sections 49 and 64 of Bhartiya Nyaya Sanhita (in short ‘BNS’) at Police Station Khudiyan, District Kangra, H.P.
2. It has been asserted that the petitioner was falsely implicated. He was arrested on 08.10.2024. The charge-sheet was filed on 20.02.2025. The charges were framed on 28.05.2025. The prosecution cited 35 witnesses in the original charge-sheet and 13 witnesses in the supplementary charge-sheet. The victim was examined, and the matter was listed on 19.12.2025 before the learned Trial Court. The petitioner had earlier filed a bail petition before this Court, which was registered as Cr.MP(M) No. 446 of 2025. The petitioner has remained b
The court affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
A subsequent bail application can be granted only upon a material change in circumstances, as established by judicial precedents.
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....
Subsequent bail applications require a material change in circumstances; otherwise, they cannot be considered.
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.
Successive bail applications after prior rejections require material change in circumstances; absence thereof, along with belated pleas like illegal arrest, mandates dismissal to preserve judicial di....
A subsequent bail application requires a material change in circumstances; the gravity of the offence can preclude bail even after prolonged custody.
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....
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