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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kishan Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 7 of 2024, dated 18.03.2024, registered at Police Station, Kullu, District Kullu, H.P., for the commission of offences punishable under Sections 376(2) (n), 376 (3) and 506 of the Indian Penal Code (in short IPC) and Section 6 of Protection of Children from Sexual Offences Act (in short POCSO Act).
2. It has been asserted that, as per the prosecution, the victim fell ill in October 2023. Her mother took her to the hospital, where the Doctors informed her that the victim was pregnant. The informant (victim’s mother) repeatedly asked her about the name of the child’s father, but she did not disclose anything. She stated that the child belonged to some unknown Nepali. The victim subsequently revealed that Kishan Bhai (the petitioner) had raped her 3-4 times and threatened to kill her if the incident was narrated to anyone. She also named Chandu @ Chandermani as the person who had done a wrong act with her. The matter was reported to the police, and the police registered the FIR. The allegations against the petitioner are false. The petitioner remained in custody for 1½ ye
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 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.
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....
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....
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
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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