The court emphasized the importance of personal liberty and judicial discretion in bail decisions, allowing bail with stringent conditions to ensure trial attendance and prevent evidence tampering.

JUDGMENT :

Bipin Chander Negi, J.

1. The present bail petition has been filed under Section 483 of the BNSS for grant of bail in FIR No.191 of 2024, dated 25.11.2024, registered at Police Station, Majra, District Sirmaur, H.P., under Sections 6, 17 of Protection of Children From Sexual Offences Act (POCSO Act) and Section 123 of BNS 2023.

2. I have heard learned counsel for the parties. Perused the record and the status report.

3. The complainant is stated to be serving in the Indian Army and hence normally stays away from his family. The complaint in the case at hand is the father of a minor child. The allegation in a nutshell is that the complainant’s wife and the bail petitioner have an illicit relation and have exposed the minor child to sexual activities.

4. As per the complaint, it is alleged that on 21.8.2024, the complainant’s wife and the bail petitioner had stayed in City Heart Hotel, Paonta Sahib alongwith the minor child. The complainant’s wife is stated to have prepared obscene videos which were recorded on the I-Phone on the bail petitioner. From the same, it is evident that the minor child has been exposed to sexual activities. The phone on which the obscene videos were recorded fell into the hands of the complainant’s family and it is only then that the illicit relationship inter se the complainant’s wife and the bail petitioner were discovered. Besides exposure of the minor child to sexual activities were also discovered from the obscene videos recorded on the I-phone.

5. In order to stay at City Heart Hotel at Paonta Sahib on 21.8.2024, it is alleged that the bail petitioner had created a fake Aadhar card. Hence, the offence of forgery is alleged to have been committed by the bail petitioner. Other than the aforesaid, it is alleged that the bail petitioner had been administering poison to the family members of the complainant.

6. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner.

7. From the nature of evidence coming on record, prima facie, it appears to be a case of sexual assault for which punishment is maximum five years. Nothing incriminating has been revealed in the scientific evidence adduced qua poisoning of the family members of the complainant by the bail petitioner. As already stated supra, the investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner.

8. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. In the status report, no criminal antecedents of the bail petitioner have been alleged.

9. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.

10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Mehruwala, P.O. Bhagani, Tehsil Paonta, Sahib, District Sirmaur, H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail.

11. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the pet