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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA,
Jitender Pal Singh – Appellant
Versus
State of HP. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 18 of 2022, dated 2.2.2022, registered at Police Station, Parwanoo, District Solan, H.P., for the commission of offences punishable under Sections 302, 392, 342, 201 and 34 of the Indian Penal Code (IPC).
2. It has been asserted that the petitioner is innocent and that he was falsely implicated. The petitioner is a permanent resident of District Mohali, and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose. The petitioner was arrested on 11.2.2022, and only seven witnesses have been examined by the prosecution till date. The prosecution has cited 59 witnesses, and there is no likelihood of the early conclusion of the trial. 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 police received information regarding the recovery of two bundles containing the dead bodies of two women. The police registered a First Information Report (FIR) and investigated the matter. The women were subsequently identified a
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.
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Bail denied in heinous robbery conspiracy case due to prima facie involvement via stolen property possession, firearms recovery, and mobile location data, given offence severity punishable by life im....
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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....
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity 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 ruled that the seriousness of the charge under Section 302, supported by incriminating evidence, justifies denial of bail, emphasizing the necessity of ensuring justice and community safety....
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