The High Court of Himachal Pradesh dismissed a bail application filed by the petitioner accused of rape, abduction, and forgery. The court held that the petitioner was a flight risk and could tamper with evidence, making it unfit for bail relief.
Bail application dismissed; no relief granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 719 2017 Decided on: 24th July, 2017
__________________________________________________________________ Sunil Kumar ....Petitioner. Versus State of Himachal Pradesh. …Respondent.
Coram
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.
| For the petitioner: | Mr. Sanjeev Kuthiala, Advocate. |
|---|---|
| For the respondent: | Mr. Pushpinder Jaswal, Dy. AG, with Mr. Rajat Chauhan, Law Officer. |
| SI Ram Nath, I.O. Police Station | |
| Bhuntar, District Kullu, H.P. |
________________________________________________________________ Chander Bhusan Barowalia, Judge (oral).
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 182 of 2016, dated 05.07.2016, under Sections 363, 366A, 376, 506 of Indian Penal Code, 1860 (for short “IPC”) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), registered at Police Station Bhuntar, District Kullu, H.P.
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.
Court and the case is listed for consideration on charge on 09.08.2017. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed.
aspects of the case and the request made by the learned counsel for the petitioner seeking a direction to the learned Trial Court for expeditious disposal of the matter, the learned Trail Court is expected to dispose of the matter as expeditiously as possible and the parties are also expected to make every endeavour to assist the
learned Trail Court for speedy disposal of the case.
(Chander Bhusan Barowalia) 24th July, 2017 Judge
(virender)
3 issues framed by the court
Whether the petitioner should be granted bail in a case involving forgery and abduction charges.
Whether there is a risk of tampering with evidence or fleeing from justice if bail is granted.
Whether the petition for bail, which is without merit, deserves to be dismissed.
3 provisions across 3 enactments
Sunil Kumar
State of Himachal Pradesh
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
