02.03.2026 vs State Of Himachal Pradesh on 16 March, 2026

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    Himachal Pradesh High Court

    Reserved On: 02.03.2026 vs State Of Himachal Pradesh on 16 March, 2026

                                                                                       2026:HHC:7151
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                  Cr. MP (M) No. 2917 of 2025
                                                  Reserved on: 02.03.2026
                                                  Date of Decision: 16.03.2026.
    
    
        Kishan Chand                                                                  ...Petitioner
                                              Versus
        State of Himachal Pradesh                                                    ...Respondent
    
    
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No
    
        For the Petitioner                          :      Ms Rajni Gandhi, Advocate.
        For the Respondent/State                    :     Mr Lokender Kutlehria,
                                                          Additional Advocate General.
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition for

    seeking regular bail in F.I.R. No. 7 of 2024, dated 18.03.2024,

    SPONSORED

    registered at Police Station, Kullu, District Kullu, H.P., for the

    commission of offences punishable under Sections 376(2) (n),

    376 (3) and 506 of the Indian Penal Code (in short IPC) and

    Section 6 of Protection of Children from Sexual Offences Act (in

    short POCSO Act).

    1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
    2

    2026:HHC:7151

    2. It has been asserted that, as per the prosecution, the

    victim fell ill in October 2023. Her mother took her to the

    hospital, where the Doctors informed her that the victim was

    pregnant. The informant (victim’s mother) repeatedly asked her

    about the name of the child’s father, but she did not disclose

    anything. She stated that the child belonged to some unknown

    Nepali. The victim subsequently revealed that Kishan Bhai (the

    petitioner) had raped her 3-4 times and threatened to kill her if

    the incident was narrated to anyone. She also named Chandu @

    Chandermani as the person who had done a wrong act with her.

    The matter was reported to the police, and the police registered

    the FIR. The allegations against the petitioner are false. The

    petitioner remained in custody for 1½ years. He is the sole

    earner of the family. He is a resident of District Kullu, and there

    is no likelihood of his jumping over the bail. The petitioner

    would abide by the terms and conditions that 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 status report

    asserting that the victim became ill in October 2023. The

    informant took her to the hospital, where the doctor disclosed
    3
    2026:HHC:7151

    that the victim was pregnant. The informant asked the victim

    repeatedly about the name of the child’s father, but she did not

    disclose anything. The victim subsequently revealed that Kishan

    Bhai (present petitioner) and Chandermani had raped her. They

    had threatened to kill her in case the incident was revealed to

    any person. The police registered the FIR and investigated the

    matter. As per the medical examination of the victim, she was

    found pregnant. The police arrested the petitioner and

    Chandermani. The victim delivered a child subsequently. As per

    the report of analysis, the DNA of Kishan Chand was

    inconsistent with his being the biological father of the baby. The

    DNA of Chandermani was consistent with his being the

    biological father of the baby. The police filed the charge sheet

    before the Court. The victim’s statement was recorded on

    13.06.2025. The petitioner would intimidate the witnesses in

    case of his release on bail. Hence, the status report.

    4. The victim was informed about the pendency of the

    bail petition, however, she did not appear before the Court to

    contest it.

    4

    2026:HHC:7151

    5. I have heard Ms Rajni Gandhi, learned counsel for the

    petitioner and Mr Lokender Kutlehria, learned Additional

    Advocate General for the respondent/State.

    6. Ms Rajni Gandhi, learned counsel for the petitioner,

    submitted that the petitioner is innocent and he was falsely

    implicated. The victim had not named any person as the father

    of the baby. She subsequently revealed the names of Kishan

    Chand and Chandermani. The DNA analysis ruled out the

    petitioner being the biological father of the baby. The petitioner

    was arrested on 19.03.2024. About 2 years have lapsed, and the

    trial has not concluded. The victim’s statement has been

    recorded, and no fruitful purpose would be served by detaining

    the petitioner in custody. Hence, she prayed that the present

    petition be allowed and the petitioner be released on bail.

    7. Mr Lokender Kutlehria, learned Additional Advocate

    General for the respondent/State, submitted that the victim was

    a minor. She had named the petitioner as her rapist. The mere

    fact that the DNA analysis did not connect the petitioner to the

    baby does not show that the statement of the victim was

    incorrect. The offence is heinous and is punishable with life

    imprisonment. The petitioner should not be released on bail
    5
    2026:HHC:7151

    because of the gravity of the offence and severity of the

    punishment. Hence, he prayed that the present petition be

    dismissed.

    8. I have given considerable thought to the

    submissions made at the bar and have gone through the records

    carefully.

    9. The parameters for granting bail were considered by

    the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC

    314: 2025 SCC OnLine SC 781, wherein it was observed at page

    380:

    (i) Broad principles for the grant of bail

    56. In Gudikanti Narasimhulu v. High Court of A.P., (1978) 1
    SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elabo-

    rating on the content of Article 21 of the Constitution of
    India in the context of personal liberty of a person under
    trial, has laid down the key factors that should be consid-
    ered while granting bail, which are extracted as under:

    (SCC p. 244, paras 7-9)
    “7. It is thus obvious that the nature of the charge is
    the vital factor, and the nature of the evidence is also
    pertinent. The punishment to which the party may be
    liable, if convicted or conviction is confirmed, also
    bears upon the issue.

    8. Another relevant factor is whether the course of jus-

    tice would be thwarted by him who seeks the benignant
    jurisdiction of the Court to be freed for the time being.
    [Patrick Devlin, “The Criminal Prosecution in England”

    (Oxford University Press, London 1960) p. 75 — Mod-
    ern Law Review, Vol. 81, Jan. 1968, p. 54.]
    6
    2026:HHC:7151

    9. Thus, the legal principles and practice validate the
    Court considering the likelihood of the applicant inter-
    fering with witnesses for the prosecution or otherwise
    polluting the process of justice. It is not only traditional
    but rational, in this context, to enquire into the an-
    tecedents of a man who is applying for bail to find
    whether he has a bad record, particularly a record which
    suggests that he is likely to commit serious offences
    while on bail. In regard to habituals, it is part of crimi-
    nological history that a thoughtless bail order has en-
    abled the bailee to exploit the opportunity to inflict fur-
    ther crimes on the members of society. Bail discretion,
    on the basis of evidence about the criminal record of a
    defendant, is therefore not an exercise in irrelevance.”

    (emphasis supplied)

    57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4
    SCC 280: 2001 SCC (Cri) 674, this Court highlighted various
    aspects that the courts should keep in mind while dealing
    with an application seeking bail. The same may be ex-
    tracted as follows: (SCC pp. 284-85, para 8)
    “8. The jurisdiction to grant bail has to be exercised on
    the basis of well-settled principles, having regard to the
    circumstances of each case and not in an arbitrary
    manner. While granting the bail, the court has to keep
    in mind the nature of accusations, the nature of evi-
    dence in support thereof, the severity of the punishment
    which conviction will entail, the character, behaviour,
    means and standing of the accused, circumstances
    which are peculiar to the accused, reasonable possibil-
    ity of securing the presence of the accused at the trial,
    reasonable apprehension of the witnesses being tam-
    pered with, the larger interests of the public or State
    and similar other considerations. It has also to be kept
    in mind that for the purposes of granting the bail the
    legislature has used the words “reasonable grounds for
    believing” instead of “the evidence” which means the
    court dealing with the grant of bail can only satisfy it
    (sic itself) as to whether there is a genuine case against
    the accused and that the prosecution will be able to
    7
    2026:HHC:7151

    produce prima facie evidence in support of the charge.”
    (emphasis supplied)

    58. This Court in Ram Govind Upadhyay v. Sudarshan
    Singh
    , (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking
    through Banerjee, J., emphasised that a court exercising
    discretion in matters of bail has to undertake the same ju-
    diciously. In highlighting that bail should not be granted
    as a matter of course, bereft of cogent reasoning, this
    Court observed as follows: (SCC p. 602, para 3)
    “3. Grant of bail, though being a discretionary order,
    but, however, calls for the exercise of such a discretion
    in a judicious manner and not as a matter of course.
    An order for bail bereft of any cogent reason cannot be
    sustained. Needless to record, however, that the grant
    of bail is dependent upon the contextual facts of the
    matter being dealt with by the court and facts do al-
    ways vary from case to case. While placement of the
    accused in the society, though it may be considered by
    itself, cannot be a guiding factor in the matter of grant
    of bail, and the same should always be coupled with
    other circumstances warranting the grant of bail. The
    nature of the offence is one of the basic considerations
    for the grant of bail — the more heinous is the crime,
    the greater is the chance of rejection of the bail,
    though, however, dependent on the factual matrix of
    the matter.” (emphasis supplied)

    59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004)
    7 SCC 528: 2004 SCC (Cri) 1977 , this Court held that al-
    though it is established that a court considering a bail ap-
    plication cannot undertake a detailed examination of evi-
    dence and an elaborate discussion on the merits of the
    case, yet the court is required to indicate the prima facie
    reasons justifying the grant of bail.

    60. In Prasanta Kumar Sarkar v. Ashis Chatterjee,
    (2010) 14 SCC 496: (2011) 3 SCC (Cri) 765 , this Court ob-
    served that where a High Court has granted bail mechani-
    cally, the said order would suffer from the vice of non-
    application of mind, rendering it illegal. This Court held
    8
    2026:HHC:7151

    as under with regard to the circumstances under which an
    order granting bail may be set aside. In doing so, the fac-
    tors which ought to have guided the Court’s decision to
    grant bail have also been detailed as under: (SCC p. 499,
    para 9)
    “9. … It is trite that this Court does not, normally, in-
    terfere with an order passed by the High Court grant-
    ing or rejecting bail to the accused. However, it is
    equally incumbent upon the High Court to exercise its
    discretion judiciously, cautiously and strictly in com-
    pliance with the basic principles laid down in a
    plethora of decisions of this Court on the point. It is
    well settled that, among other circumstances, the fac-
    tors to be borne in mind while considering an appli-
    cation for bail are:

    (i) whether there is any prima facie or reason-

    able ground to believe that the accused had
    committed the offence;

    (ii) nature and gravity of the accusation;

    (iii) severity of the punishment in the event of
    conviction;

    (iv) danger of the accused absconding or fleeing,
    if released on bail;

    (v) character, behaviour, means, position and
    standing of the accused;

    (vi) likelihood of the offence being repeated;

    (vii) reasonable apprehension of the witnesses
    being influenced; and

    (viii) danger, of course, of justice being
    thwarted by grant of bail.” (emphasis sup-
    plied)
    xxxxxxx

    62. One of the judgments of this Court on the aspect of
    application of mind and requirement of judicious exercise
    of discretion in arriving at an order granting bail to the
    accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC
    497 : (2022) 2 SCC (Cri) 170, wherein a three-Judge
    9
    2026:HHC:7151

    Bench of this Court, while setting aside an unreasoned
    and casual order (Pappu Kumar v. State of Bihar, 2021
    SCC OnLine Pat 2856 and Pappu Singh v. State of Bihar,
    2021 SCC OnLine Pat 2857) of the High Court granting
    bail to the accused, observed as follows: ( Brijmani
    Devi v. Pappu Kumar
    , (2022) 4 SCC 497 : (2022) 2 SCC
    (Cri) 170]), SCC p. 511, para 35)
    “35. While we are conscious of the fact that liberty of
    an individual is an invaluable right, at the same time
    while considering an application for bail courts can-
    not lose sight of the serious nature of the accusations
    against an accused and the facts that have a bearing
    in the case, particularly, when the accusations may
    not be false, frivolous or vexatious in nature but are
    supported by adequate material brought on record so
    as to enable a court to arrive at a prima facie conclu-
    sion. While considering an application for the grant of
    bail, a prima facie conclusion must be supported by
    reasons and must be arrived at after having regard to
    the vital facts of the case brought on record. Due con-
    sideration must be given to facts suggestive of the na-
    ture of crime, the criminal antecedents of the accused,
    if any, and the nature of punishment that would fol-
    low a conviction vis-à-vis the offence(s) alleged
    against an accused.” (emphasis supplied)

    10. The present petition has to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    11. The status report specifically mentions that the

    victim had not named any person as the father of the baby. She

    had initially claimed that some unknown Nepali was the father

    of the baby. She subsequently named the petitioner and

    Chandermani as the persons who had raped her. The report of
    10
    2026:HHC:7151

    the DNA analysis does not show that the petitioner is the father

    of the baby. The fact that the victim had not named the

    petitioner earlier, and the report of the analysis rules out the

    petitioner being the father of the baby, will make the

    petitioner’s involvement suspect.

    12. The petitioner was arrested on 19.03.2024. About two

    years have elapsed since his arrest. The status report mentions

    that the statements of four witnesses, including the victim, have

    been recorded, therefore, the petitioner is not likely to influence

    the victim after his release.

    13. It was submitted that the petitioner would intimidate

    the witnesses if released on bail. This apprehension can be

    removed by imposing conditions, and it is not sufficient to deny

    bail to the petitioner.

    14. The petitioner claimed that he is a resident of District

    Kullu. This was not stated to be incorrect in the status report.

    This means that the petitioner is not likely to abscond after his

    release on bail.

    15. In view of the above, the present petition is allowed,

    and the petitioner is ordered to be released on bail, subject to his

    furnishing bail bonds in the sum of ₹1,00,000/- with one surety
    11
    2026:HHC:7151

    in the like amount to the satisfaction of the learned Trial Court.

    While on bail, the petitioner will abide by the following

    conditions: –

    (I) The petitioner will not intimidate the witnesses,
    nor will he influence any evidence in any manner
    whatsoever.

    (II) The petitioner shall attend the trial on each and
    every hearing and will not seek unnecessary
    adjournments.

    (III) The petitioner will not leave the present address for
    a continuous period of seven days without
    furnishing the address of the intended visit to the
    SHO concerned, the Police Station concerned and
    the Trial Court.

    (IV) The petitioner will surrender his passport, if any, to
    the Court; and
    (V) The petitioner will furnish his mobile number and
    social media contact to the Police and the Court and
    will abide by the summons/notices received from
    the Police/Court through SMS/WhatsApp/Social
    Media Account. In case of any change in the mobile
    number or social media accounts, the same will be
    intimated to the Police/Court within five days from
    the date of the change.

    16. It is expressly made clear that in case of violation of

    any of these conditions, the prosecution will have the right to

    file a petition for cancellation of the bail.

    17. The petition stands accordingly disposed of. A copy

    of this order be sent to the Jail Superintendent, Central Model
    12
    2026:HHC:7151

    Jail Kanda, District Shimla, H.P. and the learned Trial Court by

    FASTER.

    18. The observations made hereinabove are regarding

    the disposal of this petition and will have no bearing,

    whatsoever, on the case’s merits.

    
                                              (Rakesh Kainthla)
                                                   Judge
     16th March, 2026                                    Digitally signed
          (Nikita)                           CHANDER by CHANDER
                                                     SHEKHAR
                                             SHEKHAR Date: 2026.03.16
                                                         13:40:22 +0530
     



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