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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ranvir Singh @ Sanju – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail petition in pocso rape case post-charge-sheet (Para 1 , 2 , 3) |
| 2. court considers parties' bail contentions (Para 4 , 5 , 6 , 7) |
| 3. bail principles: offence nature, flight risk, tampering (Para 8 , 9 , 10) |
| 4. prima facie rape allegation heinous, bars bail (Para 11) |
| 5. absconding history risks trial non-appearance (Para 12 , 13 , 14) |
| 6. bail stage avoids evidence credibility assessment (Para 15 , 16 , 17) |
| 7. no undue pocso trial delay established (Para 18) |
| 8. bail denied; observations limited to petition (Para 19 , 20 , 21) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 98 of 2024, dated 08.09.2024, registered for the commission of offences punishable under Sections 64 , 65(1), 78, 332 (c), 352, 351(2), 351(3) and 126(2) of Bharatiya Nyaya Sanhita (), 2023 and Sections 4 and 12 of Protection of Children from Sexual Offences Act (POCSO), 2012, registered at Police Station Baijnath, District Kangra, H.P.
2. It has been asserted that, as per the prosecution, the petitioner had been stalking the victim. He criminally intimidated her by threatening to abduct her. He raped her in January 2024. These allega
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 emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
The court emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
Bail denied in rape of intellectually disabled victim as prima facie case established by corroborated victim statement, medical evidence, site blood stains; heinous offence with life imprisonment pun....
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....
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