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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mohit Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. assault incident and procedural history (Para 1 , 2 , 3) |
| 2. parties contend on bail eligibility (Para 4 , 5 , 6) |
| 3. successive bail needs circumstances change (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. charge sheet not circumstances change (Para 15 , 16) |
| 5. arrest grounds rule prospective (Para 17 , 18) |
| 6. antecedents justify bail denial (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 7. conduct indicates investigation evasion (Para 26 , 27 , 28) |
| 8. bail petition dismissed (Para 30) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 43 of 2025, dated 26.3.2025, registered at Police Station, Dhalli, District Shimla, H.P., for the commission of offences punishable under Sections 109, 126(2) and 115(2) read with 3(5) of Bhartiya Nyaya Sanhita, 2023 (BNS).
2. It has been asserted that, as per the prosecution, the informant Sanjeev Kumar made a complaint regarding the beating. He was taken to CHC Mashobra from where he was referred to IGMC. The accused met the police on the way to IGMC, and they complained about the beatings given by complainant to them. They were also taken to IGMC for their medical examination. The informant
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