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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Simranjot Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. minor victim allegedly kidnapped, repeatedly sexually assaulted. (Para 1 , 2 , 3) |
| 2. petitioner claims innocence; state cites tampering risk. (Para 4 , 5 , 6) |
| 3. bail parameters balance offence gravity, antecedents, risks. (Para 7 , 8 , 9 , 10) |
| 4. victim testimony prima facie valid; trial unduly delayed. (Para 11 , 12 , 13) |
| 5. inordinate delay violates article 21 speedy trial right. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. delay outweighs gravity; conditions mitigate risks. (Para 22 , 23) |
| 7. bail granted subject to bonds and conditions. (Para 24 , 25 , 26 , 27 , 28) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 2 of 2024, dated 2.2.2024, registered at Women Police Station, Kullu, District Kullu, for the commission of offences punishable under Sections 363, 366, and 376(2)(n) of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
2. It has been asserted that, as per the prosecution, the victim is aged 16 years and she is studying in class 10th. She was found missing on 27.1.2024. The efforts to trace her were unsuccessful. The matter was repo
Inordinate trial delay in serious child sexual offence case violates Article 21 speedy trial right, entitling regular bail despite gravity if no tampering risk and conditions imposed.
Inordinate delay in POCSO trial constitutes material change for successive bail application, overriding offence gravity; speedy trial right under Article 21 mandates release from prolonged undertrial....
The right to a speedy trial is a constitutional guarantee under Article 21, and undue delays in trial proceedings can justify the granting of bail.
Inordinate trial delay due to prosecution's witness non-production constitutes change in circumstances for successive bail, violating Article 21 speedy trial right and entitling release despite offen....
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
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