Rambir vs State Of Himachal Pradesh on 6 August, 2026

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    Himachal Pradesh High Court

    Rambir vs State Of Himachal Pradesh on 6 August, 2026

                                                                                         2026:HHC:32813
    
    
    
    
             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. MP(M) No. 984 of 2026
                                                  Reserved on: 05.08.2026
                                                  Date of Decision: 06.08.2026
    
    
    
    
                                                                                       .
    
        Rambir                                                                  ...Petitioner
    
                                                Versus
    
    
    
    
    
        State of Himachal Pradesh                                             ...Respondent
    
    
    
    
                                                        of
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No.
                            rt
        For the Petitioner                :         Mr Ashwani Kaundal, Advocate.
        For the Respondent                :         Mr Prashant Sen, Deputy Advocate
    
                                                    General.
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition for seeking

    regular bail in FIR No.23 of 2025, dated 30.06.2025, registered for

    SPONSORED

    the commission of offences punishable under Sections 137(2) and

    87 of Bharatiya Nyaya Sanhita (BNS), 2023, at Women Police

    Station, Una, District Una, H.P.

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

    petitioner had taken the victim in a vehicle and left her at Ambala

    Bus Stand. These allegations are false. The petitioner has

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

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    remained behind bars since 30.06.2025 and only seven witnesses

    out of eighteen have been examined. The prosecution witnesses

    .

    did not support the prosecution case, and the CCTV footage relied

    upon by the prosecution from Ambala-Karnal Bus Stand did not

    show the petitioner in it. The petitioner would abide by the terms

    and conditions that the Court may impose. Hence, it was prayed

    of
    that the present petition be allowed and the petitioner be released

    on bail.

    3.
    rt
    The petition is opposed by filing a status report

    asserting that the victim is the informant’s daughter. She was

    aged 17 years. She was found missing from her home on

    30.06.2025. The petitioner used to talk to the victim, and he was

    also missing. The matter was reported to the police, and the police

    registered the FIR. The police found that the victim had boarded a

    bus bearing registration No. HR-65A-8064. The petitioner and

    the victim were found in the Bus Stand Ambala between 05:18 p.m.

    and 05:33 p.m. The victim was found at Bus Stand Karnal between

    09:30 p.m. and 12:00 p.m. The victim is still missing. The police

    filed a charge sheet before the Court. Statements of twelve

    witnesses have been recorded, and the matter was listed on

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    28.07.2026 for recording the statements of prosecution witnesses;

    hence, the status report.

    .

    4. I have heard Mr Ashwani Kaundal, learned counsel for

    the petitioner and Mr Prashant Sen, learned Deputy Advocate

    General, for the respondent/State.

    5. Mr Ashwani Kaundal, learned counsel for the

    of
    petitioner, submitted that the petitioner is innocent and he was

    falsely implicated. As per the statements of the witnesses recorded
    rt
    by the Court, the face of the petitioner was not visible in the CCTV

    footage and there is no material to connect the petitioner to the

    commission of the crime. The prosecution has failed to complete

    the evidence, despite the lapse of nearly one year, which violates

    the petitioner’s right to speedy trial. Therefore, he prayed that the

    present petition be allowed and the petitioner be released on bail.

    6. Mr Prashant Sen, learned Deputy Advocate General,

    for the respondent/State submitted that the petitioner had taken

    the victim to Ambala Bus Stand and was seen with her between

    5:18 and 5:33 p.m. The victim boarded the bus bearing registration

    No. HR-65A-8064. She was found at Karnal between 09:23 pm

    and 12:00 a.m., and her whereabouts are not known. The

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    Court should not appreciate the evidence while deciding the bail

    petition. Therefore, he prayed that the present petition be

    .

    dismissed.

    7. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    8. The parameters for granting bail were considered by

    of
    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:

    rt

    (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
    elaborating 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
    considered 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 a conviction is confirmed, also
    bears upon the issue.

    8. Another relevant factor is whether the course of justice
    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 — Modern
    Law Review, Vol. 81, Jan. 1968, p. 54.]

    9. Thus, the legal principles and practice validate the Court
    considering the likelihood of the applicant interfering with

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    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 antecedents 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 criminological history that a
    thoughtless bail order has enabled the bailee to exploit the

    opportunity to inflict further 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

    of
    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
    rt
    with an application seeking bail. The same may be extracted
    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 evidence 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 possibility of securing the presence of the accused

    at the trial, reasonable apprehension of the witnesses being
    tampered 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 produce prima facie evidence in
    support of the charge.” (emphasis supplied)

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    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 judiciously. 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.

    of
    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 always vary from case to
    case. While the placement of the accused in society, though it
    rt
    may be considered by itself, cannot be a guiding factor in the
    matter of grant of bail, 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 although it is
    established that a court considering a bail application

    cannot undertake a detailed examination of evidence 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 observed that
    where a High Court has granted bail mechanically, the said
    order would suffer from the vice of non-application of
    mind, rendering it illegal. This Court held as under with
    regard to the circumstances under which an order granting
    bail may be set aside. In doing so, the factors which ought to

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    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, interfere

    .

    with an order passed by the High Court granting or rejecting

    bail to the accused. However, it is equally incumbent upon
    the High Court to exercise its discretion judiciously,
    cautiously and strictly in compliance 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 factors to be borne in mind while
    considering an application for bail are:

    of

    (i) whether there is any prima facie or reasonable ground
    to believe that the accused had committed the offence;
    rt (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 supplied)
    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 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

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    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 cannot 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 to enable a court to arrive at a prima facie
    conclusion. While considering an application for the grant of

    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 consideration must be
    given to facts suggestive of the nature of crime, the criminal
    rt
    antecedents of the accused, if any, and the nature of
    punishment that would follow a conviction vis-à-vis the

    offence(s) alleged against an accused.” (emphasis
    supplied)

    9. Hon’ble Supreme Court held in State of Rajasthan v.

    Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC

    261 that the normal rule is bail and not jail, except where the

    gravity of the crime or the heinousness of the offence suggests

    otherwise. It was observed at page 308:

    2. The basic rule may perhaps be tersely put as bail, not jail,
    except where there are circumstances suggestive of fleeing
    from justice or thwarting the course of justice or creating
    other troubles in the shape of repeating offences or
    intimidating witnesses and the like, by the petitioner who
    seeks enlargement on bail from the Court. We do not intend
    to be exhaustive but only illustrative.

    3. It is true that the gravity of the offence involved is likely
    to induce the petitioner to avoid the course of justice and

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    must weigh with us when considering the question of jail.

    So also, the heinousness of the crime….”

    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

    petitioner used to talk to the victim. He and the victim were seen in

    the CCTV footage taken from Ambala Bus Stand between 05:18 pm

    of
    and 05:33 p.m. The petitioner was found missing from her home,

    and her presence with the petitioner prima facie establishes the
    rt
    petitioner’s involvement in the commission of the crime.

    12. It was submitted that the witnesses could not identify

    the petitioner in the CCTV footage and the petitioner is entitled to

    bail. This submission cannot be accepted. It was rightly submitted

    on behalf of the State that the bail Court cannot appreciate the

    evidence while deciding the bail petition. It was laid down by the

    Delhi High Court in Dineet v. State (NCT of Delhi), 2025 SCC OnLine

    Del 8603, that it is impermissible for the bail Court to appreciate

    the evidence recorded during the trial and grant bail on the ground

    that the witness has not supported the prosecution’s case. It was

    observed:

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    “17. Addressing Mr Mahajan’s submissions, it is pertinent to
    note that nearly the entirety of the petitioner’s case rests upon
    the assumption that this Court may enter into witness
    testimonies and evidence to determine contradictions and the

    .

    hostility of witnesses at the stage of bail.

    18. However, it is trite that the same is not within the power of
    this Court at the stage of bail, as laid down in Satish Jaggi v.
    State of Chhattisgarh
    (2007) 11 SCC 195 : (2008) 1 SCC (Cri) 660,

    paragraphs 11 and 12 of which merit reproduction:

    “11. On the aforesaid reasoning, the learned Chief
    Justice thought it fit to grant bail. Mr. A.K. Ganguli, learned

    of
    Senior Counsel appearing on behalf of the appellant
    complainant, Mr. Amarendra Sharan, learned ASG
    appearing on behalf of CBI and Mr. Rajiv Dutta, learned
    Senior Counsel appearing on behalf of the State of
    rt
    Chhattisgarh strenuously contended that having regard to
    the observations and findings of the learned Chief Justice

    as recorded above, it clearly shows that the learned Chief
    Justice while granting bail to the accused virtually decided
    the case on merit which amounts to acquitting the accused
    of the criminal charge levelled against him without trial.

    Per contra, Mr Vivek Tankha, learned Senior Counsel,
    contended that now the evidence is closed, so there is no
    question of the accused tampering with the prosecution
    witnesses or fleeing from justice. He further contended

    that now the arguments in the case have finally started,
    and the arguments of the prosecution are over, and only

    the defence is to give its reply. He, accordingly, contended
    that the bail granted by the learned Chief Justice need not
    be disturbed.

    12. Normally, if the offence is non-bailable, bail can also
    be granted if the facts and circumstances so demand. We
    have already observed that in granting bail in a non-
    bailable offence, the primary consideration is the gravity
    and the nature of the offence. A reading of the order of the
    learned Chief Justice shows that the nature and the gravity
    of the offence and its impact on the democratic fabric of
    the society were not at all considered. We are more
    concerned with the observations and findings recorded by

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    the learned Chief Justice on the credibility and the
    evidential value of the witnesses at the stage of granting
    bail. By making such observations and findings, the learned
    Chief Justice has virtually acquitted the accused of all the

    .

    criminal charges levelled against him even before the trial.

    The trial is in progress, and if such findings are allowed to
    stand, it would seriously prejudice the prosecution’s case.
    At the stage of granting bail, the court can only go into the

    question of the prima facie case established for granting
    bail. It cannot go into the question of the credibility and
    reliability of the witnesses put up by the prosecution. The

    of
    question of credibility and reliability of prosecution
    witnesses can only be tested during the trial.”

    19. By virtue of the aforementioned paragraphs from the
    Hon’ble Supreme Court’s decision in Satish Jaggi, it is evinced
    rt
    that this Court, at the stage of Bail, cannot look into the
    allegations of PW2 being a witness who has turned hostile, nor
    apply its mind to alleged contradictions in his statement under

    Section 161 of the CrPC when compared with his testimony in
    Court, as the same would amount to appreciation of the
    evidentiary value of his statement and testimony, and this is
    an exercise that is only to be conducted during the course of

    trial.

    20. The same has been relied upon by the Hon’ble Supreme
    Court in the judgment of State of Karnataka v. Sri Darshan 2025

    SCC OnLine SC 1702, with the following paragraphs of this
    decision reproduced for ready reference:

    “20.2.5. Further, such an approach of the High Court is
    contrary to the judicial precedents of this Court, including
    Satish Jaggi v. State of Chhattisgarh (supra), Kanwar Singh

    Meena v. State of Rajasthan4, wherein it was held that courts,
    while considering bail, should not assess the credibility of
    witnesses, as this function squarely lies within the domain of
    the trial Court. Thus, the impugned order of the High Court
    violates this principle by commenting on the delay in the
    witness statements and imputing a lack of credibility at this
    stage” (emphasis supplied)
    *****

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    “20.3.6. In the present case, the High Court also
    proceeded to analyse and discount the credibility of certain
    prosecution witnesses and forensic material. It observed
    contradictions in the eyewitness statements concerning

    .

    the overt acts of the accused (para 26). It expressed doubts

    about the prosecution’s explanation for the delay in
    recording the statements of CW. 76 and CW. 91 (para 27). It
    questioned the timing of the doctor’s supplementary

    opinion and weighed its evidentiary worth (para 31). As
    already pointed out, the credibility or reliability of witnesses is
    a matter for the trial Court to determine after full-fledged

    of
    cross-examination. It is a trite law that statements recorded
    under section 161 Cr. P.C. are not substantive, and their
    evidentiary value can only be determined after cross-
    examination during trial. Any opinion rendered at the bail
    stage risks prejudging the outcome of the trial and must be
    rt
    avoided. Thus, the court’s assessment of these aspects amounts
    to a premature appreciation of the probative value of

    prosecution evidence.” (emphasis supplied)
    *****
    “24. On a cumulative analysis, it is evident that the

    order of the High Court suffers from serious legal
    infirmities. The order fails to record any special or cogent
    reasons for granting bail in a case involving charges under
    Sections 302, 120B, and 34 IPC. Instead, it reflects a

    mechanical exercise of discretion, marked by significant
    omissions of legally relevant facts. Moreover, the High Court

    undertook an extensive examination of witness statements at
    the pre-trial stage, highlighting alleged contradictions and
    delays – issues that are inherently matters for the trial Court to

    assess through cross-examination. The trial Court alone is the
    appropriate forum to evaluate the credibility and reliability of
    witnesses. Granting bail in such a serious case, without
    adequate consideration of the nature and gravity of the
    offence, the accused’s role, and the tangible risk of
    interference with the trial, amounts to a perverse and
    wholly unwarranted exercise of discretion. The well-
    founded allegations of witness intimidation, coupled with
    compelling forensic and circumstantial evidence, further

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    reinforce the necessity for cancellation of bail.
    Consequently, the liberty granted under the impugned
    order poses a real and imminent threat to the fair
    administration of justice and risks derailing the trial

    .

    process. In light of these circumstances, this Court is

    satisfied that the present case calls for the exercise of its
    extraordinary jurisdiction under Section 439(2) Cr. P.C.”

    (emphasis supplied)

    21. Drawing inspiration from the judgment in Darshan, the
    hostility of a witness cannot be interpreted as an automatic
    declaration of the prosecution’s case as unconvincing, and

    of
    thereby, in essence, result in the conduct of a mini-trial at the
    stage of bail and return findings upon the ex facie merit of the
    accused’s innocence/guilt.

    13. It was laid down by the Hon’ble Supreme Court in X Vs.
    rt
    State of Rajasthan MANU/SC/1267/2024 that ordinarily, in serious

    offences, the Trial Court or the High Court should not entertain

    the bail application of the accused after the commencement of the

    trial and grant bail because of some discrepancy in the testimony.

    It was observed: –

    “14. Ordinarily, in serious offences like rape, murder,

    dacoity, etc., once the trial commences and the prosecution
    starts examining its witnesses, the Court, be it the Trial
    Court or the High Court, should be loath to entertain the

    bail application of the Accused.

    15. Over a period of time, we have noticed two things, i.e., (i)
    either bail is granted after the charge is framed and just
    before the victim is to be examined by the prosecution
    before the trial court, or (ii) bail is granted once the
    recording of the oral evidence of the victim is complete by
    looking into some discrepancies here or there in the
    deposition and thereby testing the credibility of the victim.

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    16. We are of the view that the aforesaid is not a correct
    practice that the Courts below should adopt. Once the trial
    commences, it should be allowed to reach its conclusion,
    which may either result in the conviction of the Accused or

    .

    the acquittal of the Accused. The moment the High Court

    exercises its discretion in favour of the Accused and orders
    the release of the Accused on bail by looking into the
    deposition of the victim, it will have its own impact on the

    pending trial when it comes to appreciating the oral
    evidence of the victim. It is only if the trial gets unduly
    delayed and that, too, for no fault on the part of the

    of
    Accused, the Court may be justified in ordering his release
    on bail on the ground that the right of the Accused to have a
    speedy trial has been infringed.”

    14. Similarly, it was held by this Court in Suraj Singh v.

    rt
    State of H.P., 2022 SCC OnLine HP 268 that the Court exercising bail

    jurisdiction cannot appreciate the contradictions in the evidence.

    It was observed:

    10. Petitioner has placed reliance on the statements of
    witnesses already recorded by the learned Special Judge, in

    support of his argument to the effect that, from perusal of
    these statements, reasonable grounds can be entertained

    for concluding prima facie innocence of the petitioner. The
    arguments raised on behalf of the petitioner deserve to be
    rejected for the reason that this Court, while dealing with

    the bail application, will not appreciate the evidence being
    recorded during the trial. Undisputedly, only some of the
    witnesses out of the entire list of witnesses relied upon by
    the prosecution have been examined. In these
    circumstances, it is not prudent to form any opinion as to
    the innocence or guilt of the petitioner on the basis of such
    partial evidence.

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    15. Therefore, the petitioner cannot be released on bail

    because some of the witnesses have not identified the petitioner in

    .

    the CCTV footage.

    16. The victim was a minor as per the status report, and

    her whereabouts are not known. The petitioner was last seen with

    the victim, and only he can explain as to what happened to the

    of
    victim afterwards, but he has not provided any explanation for it.

    Therefore, prima facie, there is sufficient material to connect the
    rt
    petitioner to the commission of the crime. The victim was found

    missing, and it is not known whether she is alive or dead.

    Therefore, the nature of the offence is heinous.

    17. The offence punishable under Section 87 of BNS is

    punishable with imprisonment of 10 years, which means that the

    offence is severely punishable. Considering the nature of the

    offence and the severity of the punishment, the petitioner is not

    entitled to bail. It was laid down by the Hon’ble Supreme Court in

    Gudikanti Narasimhulu v. Public Prosecutor, High Court of A.P.,

    (1978) 1 SCC 240: 1978 SCC (Cri) 115: 1977 SCC OnLine SC 327 that

    when the punishment is severe, the person is not entitled to bail.

    It was observed on page 244:

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    “6. Let us have a glance at the pros and cons and the true
    principle around which other relevant factors must revolve.

    When the case is finally disposed of, and a person is
    sentenced to incarceration, things stand on a different

    .

    footing. We are concerned with the penultimate stage, and

    the principal rule to guide release on bail should be to
    secure the presence of the applicant who seeks to be
    liberated, to take judgment and serve a sentence in the

    event of the Court punishing him with imprisonment. In
    this perspective, the relevance of considerations is
    regulated by their nexus with the likely absence of the

    of
    applicant for fear of a severe sentence, if such be plausible
    in the case. As Erle. J. indicated that when the crime charged
    (of which a conviction has been sustained) is of the highest
    magnitude and the punishment for it assigned by law is of
    rt
    extreme severity, the Court may reasonably presume, some
    evidence warranting, that no amount of bail would secure

    the presence of the convict at the stage of judgment, should
    he be enlarged. [ Mod. Law Rev. p. 50 ibid., 1852 I E & B 1]
    Lord Campbell, C.J., concurred in this approach in that case,
    and Coleridge J. set down the order of priorities as follows:

    [Mod. Law Rev. ibid., pp. 50-51]
    “I do not think that an accused party is detained in
    custody because of his guilt, but because there are

    sufficient probable grounds for the charge against
    him as to make it proper that he should be tried, and

    because the detention is necessary to ensure his
    appearance at trial …. It is a very important element in
    considering whether the party, if admitted to bail,

    would appear to take his trial; and I think that in
    coming to a determination on that point, three
    elements will generally be found the most important:

    the charge, the nature of the evidence by which it is
    supported, and the punishment to which the party
    would be liable if convicted. In the present case, the
    charge is that of wilful murder; the evidence contains
    an admission by the prisoners of the truth of the

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    17

    2026:HHC:32813

    charge, and the punishment of the offence is, by law,
    death.”

    7. It is thus obvious that the nature of the charge is the vital

    .

    factor, and the nature of the evidence also is pertinent. The

    punishment to which the party may be liable, if convicted or
    conviction is confirmed, also bears upon the issue.

    18. It was submitted that the petitioner has remained in

    custody for more than one year, the prosecution has not completed

    the evidence, and the petitioner is entitled to bail because of violation

    of
    of his speedy trial right. This submission will not help the petitioner.

    The status report shows that statements of twelve witnesses have
    rt
    been recorded and the matter was listed on 28.07.2026. The

    examination of twelve witnesses within one year cannot be said to be

    a delay in the progress of trial in the absence of the order sheets.

    Therefore, the plea that there is a delay in the progress of trial and

    the petitioner is entitled to bail because of violation of his right to

    speedy trial cannot be accepted.

    19. In view of the above, the present petition fails, and it is

    dismissed and so also the pending applications, if any. However, this

    order will not prevent the petitioner from approaching theCourt in

    case the trial is not concluded within a reasonable time.

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    18

    2026:HHC:32813

    20. The observations made hereinabove are regarding the

    disposal of this petition and will have no bearing whatsoever on the

    .

    merits of the case.

    ( Rakesh Kainthla )
    06th August, 2026. Judge

    (Ravinder)

    of
    rt

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