The presumption of innocence, the importance of bail as the general rule, and the need for a humane approach in considering bail applications.

JUDGMENT :

Sandeep Sharma, J.

Bail petitioner namely, Partap, who is behind the bars since 19.7.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.19/2019, dated 13.3.2019, under Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children from Sexual Offences Act, registered at police Station, Shillai, District Sirmaur, Himachal Pradesh.

2. Sequel to order dated 20.8.2019, ASI Dalip Singh has come present alongwith the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

3. Close scrutiny of the record/status report, reveals that on 13.3.2019 complainant namely, Smt. Sumitra Sharma, Coordinator Child Helpline, Sirmaur, sent a complaint to police Station, Shillai, District Sirmaur, H.P., alleging therein that victim/prosecutrix (hereinafter referred to as the prosecutrix’, name withheld to protect her identity), who is minor, is residing at Village Badol alongwith the bail petitioner for the last one year with an intention to solemnize marriage. Complainant further alleged that as per information, prosecutrix has also minor child aged 7 months. On the basis of aforesaid complaint, police inquired the matter and found that the prosecutrix had been residing at Village Badol in the house of the bail petitioner for the last one year. Police recorded the statement of the prosecutrix under Section 154 Cr.P.C, wherein she stated that she know the bail petitioner since her childhood and they both wanted to solemnize marriage. She stated that on 6/7th December, 2017 she of her own volition and as per local custom solemnized marriage with the bail petitioner, whereafter they have been living at Village Badol as husband and wife. She also stated that she has delivered one baby at Community Health Centre, Sangrah. On the basis of aforesaid statement made by the prosecutrix, formal FIR, as detailed hereinabove, came to be lodged against the present bail petitioner on 13.3.2019 under Section 9 of the Prohibition of Child Marriage Act. However, Section 6 of the Protection of Children from Sexual Offences Act, came to be incorporated in the FIR subsequently and since 19.7.2019 bail petitioner is behind the bars. Police also got the statement of the prosecutrix recorded under Section 164 Cr.P.C, wherein she reiterated that she of her own volition and without there being any external pressure, solemnized marriage with the bail petitioner, to whom she knew since her childhood. She in her statement given before the learned Magistrate stated that prior to her marriage, her husband Partap was married to her elder sister, who unfortunately died on account of prolonged illness. She stated that before the death of her elder sister, she had promised her that she will take care of her children and as such, she solemnized marriage with the bail petitioner. She also stated that she has her own child and she is living happily with the bail petitioner. She also stated that complaint was made at the insistence of Coordinator Child Helpline, who had assured that in the event of filing complaint they would take care of her child and would also pay money. Record reveals that after registration of aforesaid case, prosecutrix is residing with her parents at her matrimonial house.

4. Mr. Sudhir Bhatnagar, learned Additional Advocate General, on the instructions of Investigating Officer, stated that though investigation in the case is not complete, but at this juncture nothing remains to be recovered from the bail petitioner. Learned Additional Advocate General further contended that though statement of the prosecutrix suggests that she of her own volition solemnized marriage with the bail petitioner, but keeping in view her age, consent, if an