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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Vijay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 38/2024 dated 22.08.2024 registered at Women Police Station Solan, District Solan, H.P., for the commission of offences punishable under Section 64 of Bharatiya Nyaya Sanhita ( BNS ), 2023 and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). The police have filed a charge sheet before the learned Trial Court after the completion of the investigation. The petitioner is not required for investigation, and no recovery is to be made from him. He would abide by all the terms and conditions which the Court may impose. He is the only bread-earning member of the family. His mother is an aged widow. The petitioner has taken a loan from a financial institution, and it is difficult for him to repay the loan; hence, the petition.
2. The petition is opposed by filing a status report asserting that the victim had met with an accident and was undergoing treatment at IGMC. The doctor informed her brother that she was pregnant. He made inquiries and the victim revealed that the petitioner had rap
The court emphasized that consent from a minor is legally irrelevant in sexual offences, particularly in heinous cases, thus denying bail to the accused.
The court emphasized that the heinous nature of the crime and the evidence against the petitioner justified the denial of bail, despite claims of trial delays.
Bail should not be granted in serious offences like rape, especially after trial commencement, despite discrepancies in the victim's statements.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
The court emphasized that bail in heinous offences against minors is not granted lightly, considering the nature of the crime and the right to a speedy trial.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
Discrepancies in a victim's statements do not justify bail in serious offences like rape once the trial has commenced, reflecting the need to ensure trial integrity.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
The court emphasizes the principle of presumption of innocence and the consideration of familial stability in granting bail, particularly when the victim has consented to marriage with the accused.
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