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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Balwinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. illegal felling of 14 khair trees alleged against petitioner. (Para 1 , 2 , 3) |
| 2. arguments: innocence and co-accused bail vs. antecedents. (Para 4 , 5 , 6) |
| 3. bail parameters: offence nature, antecedents, tampering risk. (Para 7 , 8 , 9 , 10 , 11) |
| 4. evidence links petitioner but offences not grave, custody prolonged. (Para 12 , 13 , 14 , 15) |
| 5. bail granted with bonds and strict compliance conditions. (Para 16 , 17 , 18 , 19) |
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-
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.
Pre-arrest bail denied due to prima facie links via CCTV, vehicle, call records; criminal antecedents with multiple prior similar FIRs; need for custodial interrogation; non-disclosure of history; by....
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.
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 ruled that bail should be denied due to the petitioner's extensive criminal antecedents and involvement in the crime, emphasizing the need for public safety.
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