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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok Kumar Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail petition in alleged rape of disabled victim. (Para 1 , 2 , 3) |
| 2. petitioner claims false case; state asserts guilt. (Para 4 , 5 , 6) |
| 3. court considers supreme court bail parameters. (Para 7 , 8 , 9) |
| 4. evidence prima facie corroborates victim's rape statement. (Para 10 , 11 , 12) |
| 5. heinous offence severity precludes bail grant. (Para 13) |
| 6. bail denied; limited to petition disposal. (Para 14 , 15 , 16 , 17) |
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, whi
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 the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
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 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.
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