Ajay Kumar vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1585

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ajay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Appellant : Rahul Jaswal
For the Respondents: Jitender K. Sharma, Ragini Dogra

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 53 of 2025, dated 14.5.2025, registered at Police Station Gagret, District Una, H.P., for the commission of offences punishable under Sections 376, 511, 506 506 and 120-B read with Section 34 of the Indian Penal Code (IPC).

2. It has been asserted that an FIR has been lodged after an inordinate delay of 10 years, which reflects the abuse of the process of law. The present dispute stems from an incident that occurred in the year 2014, when a compromise was effected between the victim’s mother and co-accused Rakesh Shah. The informant made a complaint to Deputy Commissioner, Una, on 24.11.2022 against the petitioner, which was marked to the Superintendent of Police, Una. The inquiry was conducted by the Women Police Station, Una. No case was found against the petitioner after the inquiry. Another inquiry was conducted, which culminated into proceedings under Section 107/151 of Cr.P.C. Allegations of rape were found false. The informant filed a zero FIR alleging sexual abuse by the petitioner. The Investigating Officer visited Hoshiarpur for the investigation. The victi