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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Balwinder Singh – 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. 28/25, dated 08.09.2025, registered at Police Station, Sansarpur Terrace, District Kangra, H.P., for the commission of offences punishable under Section 303 (2) of Bhartiya Nyaya Sanhita, 2003 (BNS) and Sections 41 and 42 of the Indian Forest Act.
2. It has been asserted that, as per the prosecution, the informant Yudhvir found 14 trees of different species to have been cut by some person on 23.08.2025. The police registered the FIR and investigated the matter. The police arrested the petitioner and the co-accused. There is no material against the petitioner. The learned Magistrate granted bail to the co-accused. The majority of 28-29 cases registered against the petitioner have been decided in his favour. The investigation is complete. The petitioner is in judicial custody. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.
3. The petition is opposed by filing a status report asserting that the informant, Yudhvir, found 14 Khair trees to have b
Bail granted in non-grave forest offences after charge-sheet and 5 months custody, despite prima facie evidence and antecedents, as pre-trial detention not punitive and no further purpose served.
Anticipatory bail should only be granted in exceptional cases, considering serious allegations, potential for witness tampering, and necessity for custodial interrogation.
The court ruled that severity of the charges and substantial evidence against the petitioner justified denial of bail, emphasizing the need to safeguard the judicial process. Evidence indicated likel....
The court emphasized that bail is a rule and jail is an exception, and the power under Section 438 of Cr.P.C. is to be exercised sparingly, considering the broad parameters mandated by law.
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....
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.
Confessional statements of co-accused to police inadmissible under CrPC Section 162 and Evidence Act Section 25; insufficient alone to deny bail without other incriminating material, per bail princip....
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
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