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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Mohsin Ahmed – Appellant
Versus
State of Himachal Pradesh – Respondent
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 r
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.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Bail is granted based on the accused's marriage to the alleged victim, who has reached majority, emphasizing personal liberty while ensuring adherence to trial obligations.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should be granted with conditions ensuring the accused's attendance at trial.
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.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
The court emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
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