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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Inderjeet Singh @ Indra – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. arguments by parties regarding evidence and innocence. (Para 5 , 6) |
| 3. principles and criteria for granting bail. (Para 8 , 9 , 10) |
| 4. court's assessment of evidence and implications for bail. (Para 12 , 13 , 14 , 16 , 18) |
| 5. conclusion on bail application. (Para 20 , 21) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 243 of 2023, dated 10.08.2023, registered for the commission of offences punishable under Sections 302, 382 and 120B of the Indian Penal Code (IPC) at Police Station Nalagarh, District Solan, H.P.
2. It has been asserted that, as per the prosecution, the police received information regarding a fight near Idgah on 10.08.2023 at about 6:00 p.m. The police went to the spot and found two people lying on the roadside, soaked in blood. The injured were taken to the hospital. One person was identified as Kunal baba and was declared ‘brought dead’, while the other person, Varun, succumbed to his injuries after receiving first aid. The informant, Lovkesh baba, made a statement to the police that his nephew, Kunal, had received an Instragram call fro
The denial of bail was justified due to the serious nature of the charges, sufficient prima facie evidence, and the principle that mere delay in trial does not automatically entitle an accused to bai....
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.
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....
In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.
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 heinous robbery conspiracy case due to prima facie involvement via stolen property possession, firearms recovery, and mobile location data, given offence severity punishable by life im....
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....
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....
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