Photo used for indicative purpose only. Source: Internet https://himachalscape.com/
Shimla, April 24, Himachal Pradesh High court has dismissed a regular bail application of an accused in the 2022 Ambika Alliance company murder case, holding that the gravity of the offence and the weight of evidence on record do not justify release of the accused during trial.
In a detailed 15-page order delivered on April 23, Justice Rakesh Kainthla rejected the plea of accused Ramesh Rajbhar, who is facing trial under Section 302 of the IPC for the alleged murder of contractor Arvind Singh inside the company premises in Sirmaur district.
The court observed that the material placed on record establishes a prima facie case linking the accused to the crime. Eyewitness accounts, recovery of a metallic chopper at the instance of the accused, and forensic evidence, including blood stains on the weapon and the accused’s clothes, were cited as corroborative factors strengthening the prosecution’s case.
Rejecting the defence argument of delay in trial and violation of the right to a speedy hearing, the court noted that out of 29 prosecution witnesses, statements of a substantial number have already been recorded and only nine witnesses remain to be examined. The matter is listed before the trial court in June for further evidence.
The bench made it clear that occasional failure of the prosecution to produce witnesses on certain dates couldn’t be a ground for granting bail in a serious offence like murder. It emphasized that the severity of punishment—death or life imprisonment—along with the nature of accusations, weighs heavily against the grant of bail.
Citing established legal principles laid down by the Supreme Court, the court reiterated that while “bail is the rule,” exceptions apply in cases involving heinous crimes where there is a likelihood of conviction and strong prima facie evidence.
“The petitioner could not be enlarged on bail merely on procedural grounds when substantial evidence already exists,” the order noted, adding that the seriousness of the offence and the possibility of conviction outweigh considerations for interim release.
The court clarified that observations made in the order are confined to the bail application and will not influence the merits of the trial.
With this, the bail plea stands dismissed, and the accused would continue to remain in custody pending completion of trial.
About the Author
