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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Virender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Applicant-Virender Singh has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.61 of 2024, dated 19.05.2024, registered under Section 376(2) of the Indian Penal Code (hereinafter referred to as the ‘IPC’), and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Karsog, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case.
3. As per the applicant, he is a law-abiding citizen and had nothing to do with the alleged offence.
4. Highlighting the fact that the present is the first offence, which has been registered against him, it is the case of the applicant that he is not a habitual offender.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge (POCSO), Mandi, District Mandi, Himachal Pradesh. However, the same was dismissed, vide order dated 28.12.2024
The court denied bail due to the serious nature of the allegations against the applicant, emphasizing the need to protect societal interests and the potential flight risk of the accused.
In cases involving sexual offences against minors, the court must prioritize societal safety over individual liberty when considering bail applications.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
The court emphasized the presumption of innocence and ruled that pre-trial punishment is prohibited, allowing bail due to the lack of supportive evidence from the victim and her parents.
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
The court denied bail based on the severity of charges against the applicant, his status as an absconder, and the potential risk of witness coercion.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.
The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through str....
Bail can be granted when investigation is complete, and the accused is not a habitual offender, provided conditions are imposed to ensure trial attendance and evidence integrity.
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