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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok Kumar Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 142 of 2025, dated 25.10.2025, registered at Police Station, Baijnath, District Kangra, H.P., for the commission of an offence punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023 (BNS).
2. It has been asserted that, as per the prosecution, the prosecutrix made a complaint to the police that the petitioner called her inside the shop, where he raped her. The police arrested the petitioner and investigated the matter. The charge sheet was filed before the Court on 15.12.2025. Recovery has been effected, and no recovery is to be effected from the petitioner. The prosecution's case is based upon the oral statements and other evidence, which require appreciation during the trial. The medical evidence does not show the commission of the rape. The petitioner is a senior citizen. He is a permanent resident of District Kangra, and there is no possibility of his absconding. The petitioner is suffering from various ailments. FIR No.137 of 2022 is pending against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it
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....
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 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....
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....
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.
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 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.
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