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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ajay Kumar Chaudhary – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. complaint of sexual offences and bail history. (Para 1 , 2 , 3) |
| 2. court's considerations on bail parameters. (Para 4 , 8 , 10 , 11 , 13 , 14 , 15) |
| 3. arguments presented on bail eligibility. (Para 5 , 6) |
| 4. legal precedents applied to bail decision. (Para 9 , 12 , 16) |
| 5. final order on bail release conditions. (Para 18 , 19) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 53 of 2025, dated 14.05.2025, registered at the Police Station Gagret, District Una, H.P., for the commission of offences punishable under Sections 376, 511, 506, and 120B of the Indian Penal Code (IPC).
2. It has been asserted that, as per the prosecution, the victim made a complaint against the petitioner that he had sexual intercourse with her on the pretext of marriage on 05.01.2021 and 17.02.2021. The allegations made by the victim are false. She identified the hotel at Mukerian, District Hoshiarpur, Punjab, after seven months. The petitioner had filed an application seeking pre-arrest bail before this Court, which was dismissed on 11.11.2025. The petitioner preferred a special leave petition, which was also dismissed by the Hon’ble
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 granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
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 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....
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
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....
Bail denied in rape of intellectually disabled victim as prima facie case established by corroborated victim statement, medical evidence, site blood stains; heinous offence with life imprisonment pun....
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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