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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajandeep @ Raja – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. drug overdose incident; body thrown in canal. (Para 1 , 2 , 3) |
| 2. arguments heard; submissions considered. (Para 4 , 5 , 6 , 7) |
| 3. sc bail parameters: offence nature, evidence, risks. (Para 8 , 9) |
| 4. believed deceased dead from overdose; disposed body. (Para 10) |
| 5. no culpable homicide if acting on believed lifeless body. (Para 11 , 12 , 13 , 14) |
| 6. no prima facie murder; at best culpable homicide. (Para 15 , 16) |
| 7. no detention justification; low flight risk. (Para 17 , 18) |
| 8. bail granted with strict conditions. (Para 20 , 21 , 22) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 103 of 2025, dated 17.04.2025, registered at Police Station, Baddi, District Solan, H.P., for the commission of offences punishable under Sections 137 (2), 105 and 238 of Bhartiya Nyaya Sanhita (BNS) 2023.
2. It has been asserted that, as per the prosecution's case, the informant made a missing person complaint about his brother Gurvinder Singh on 16.04.2025. Gurvinder Singh was accompanying Rajandeep @ Raja (petitioner) on 15.04.2025 at about 5:00 PM. The petitioner had also sent a WhatsApp voice recording admitting that he
Disposal of body believed lifeless after overdose not culpable homicide or murder; intention assessed by accused's belief. Bail granted as no prima facie murder case.
Bail cannot be denied based on apprehensions alone.
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.
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....
The distinction between culpable homicide amounting to murder and that not amounting to murder hinges on the presence of intention and the nature of the injury inflicted, defined under Sections 299 a....
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....
Circumstantial evidence can establish guilt beyond reasonable doubt, and if the accused believed the victim to be lifeless, it may negate culpable homicide.
A statement can be treated as a dying declaration under Section 32(1) of the Evidence Act, constituting valid evidence if it inspires confidence, even if it was recorded under Section 161 of CrPC, an....
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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