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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Deepak Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
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 each other. The victim’s parents lodged a false FIR against the petitioner when they found out about the relationship. The victim was examined on 15.01.2026, and she has resiled from her earlier statement. No fruitful purpose would be served by detaining the petitioner in custody. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the informant made a complaint to the police
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.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
Discrepancies in a victim's statements do not justify bail in serious offences like rape once the trial has commenced, reflecting the need to ensure trial integrity.
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