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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Deepak Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail petition details and prosecution's evidence summary. (Para 1 , 2 , 3) |
| 2. arguments: false implication vs no change and dna evidence. (Para 4 , 5 , 6) |
| 3. successive bail needs substantial change in circumstances. (Para 7 , 8 , 9 , 10 , 11) |
| 4. dna/video evidence prima facie case despite victim resiling. (Para 12 , 13 , 14 , 15) |
| 5. severe punishment weighs against bail grant. (Para 16 , 17) |
| 6. petition dismissed; observations limited to bail disposal. (Para 18 , 19 , 20) |
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 63 of 2025, dated 14.07.2025, registered at the Police Station Chowari, District Chamba, H.P, for the commission of offences punishable under Sections 64 , 126(2), 351(2), 351 (3) read with Section 3 (5) of Bhartiya Nyaya Sanhita (BNS) and Section 66E and 67 of Information and Technology (IT)Act, 2000.
2. It has been asserted that the petitioner was arrested on 15.07.2025. The charge sheet was filed before the Court on 10.11.2025, and the trial is pending adjudication in the Court of the learned Additional Sessions Judge, Chamba. The petitioner and victim knew each other and desired to marry
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 affirmed that subsequent bail applications require a material change in circumstances post a previous rejection, emphasizing judicial discipline in bail hearings.
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.
A subsequent bail application can be granted only upon a material change in circumstances, as established by judicial precedents.
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 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 serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
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