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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Amrik Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner claims false implication in murder. (Para 1 , 2) |
| 2. prosecution alleges petitioner as aggressor with evidence. (Para 3) |
| 3. parties contend on evidence, delay, offence gravity. (Para 4 , 5 , 6) |
| 4. bail parameters include offence nature, antecedents. (Para 7 , 8 , 9) |
| 5. cctv, injuries show petitioner as aggressor. (Para 10) |
| 6. enmity risks witness tampering on bail. (Para 11) |
| 7. criminal antecedents disqualify bail grant. (Para 12 , 13 , 14 , 15 , 16) |
| 8. cited cases distinguished as lesser offences. (Para 17) |
| 9. deadly weapons indicate murder intent under 302 ipc. (Para 18) |
| 10. no bail on trial contradictions or discrepancies. (Para 19 , 20 , 21) |
| 11. bail petition dismissed considering all factors. (Para 22 , 23 , 24) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 26 of 2023, dated 14.3.2023, registered for the commission of offences punishable under Sections 302, 307, 325 & 341 read with Section 34 of the Indian Penal Code (IPC) and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC&ST Act), at Police
Bail denied in murder case due to prima facie aggressor role evidenced by eyewitness, CCTV, blood-stained exhibits; criminal antecedents; witness tampering risk from prior enmity; trial delay not out....
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.
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 serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
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.
Successive bail petitions require material change in circumstances; charge sheet filing insufficient. Criminal antecedents and fleeing investigation justify denial despite procedural claims.
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 murder case due to criminal antecedents including proclaimed offender status and conviction, eyewitness assault evidence, blood findings, offence gravity, and absconding risk; arrest g....
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.
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