Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Ravi Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Applicant-Ravi Kumar 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.10 of 2024, dated 08.03.2024, registered under Sections 452, 376 and 506 of the IndianPenal Code, 1860 (hereinafter referred to as the ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Pachhad, District Sirmaur, 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, investigation, in the present case, is complete and police has filed the charge-sheet, against him, in the competent Court of law.
4. According to the applicant, he had earlier tried his luck by moving similar bail applications, bearing CrMPs(M) No.1938 of 2024 and 51 of 2025, before this Court. However, the said applications were dismissed as withdrawn, vide orders dated 06.11.2024 and 09.01.2025, respectively.
5. The applicant has also highlighted the fact that the child victim,
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 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 mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.
Indefinite pre-trial custody is prohibited; bail may be granted with conditions to ensure trial attendance and prevent witness tampering.
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.
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....
The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.
The court emphasized that bail cannot be granted in serious offenses under POCSO without compelling evidence, affirming the trial court's exclusive role in evaluating guilt.
The court granted bail to the applicant due to lack of direct evidence against him, emphasizing the importance of individual rights during trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
