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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Virender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 85 of 2025, dated 07.07.2025, registered at Police Station Dehra, District Shimla, H.P., for the commission of offences punishable under Section 65 (1) and 137 (2) of Bhartiya Nyaya Sanhita, 2023 (BNS) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. It has been asserted that the petitioner was falsely implicated in the present FIR. The petitioner is the sole earner of the family, and his family is suffering due to his incarceration. No recovery is to be made from the petitioner. The victim did not raise any hue and cry regarding the incident. The condition of the petitioner’s father is critical. The surgery on the petitioner’s wife’s uterus is necessary. The presence of the petitioner is necessary to look after his father and his wife. Gram Panchayat has also expressed its no objection to releasing the petitioner. The petitioner would abide by the terms and conditions which the court may impose; hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a statu
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.
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 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....
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....
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