Mohammad Bilal vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 754

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Rakesh Kainthla, J
Mohammad Bilal – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner: Mr. Kulwant Singh Gill.
For the Respondent:Mr. Sumit Sharma, Deputy Advocate General.

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 F.I.R. No. 90 of 2021, dated 16.09.2021, registered for the commission of offences punishable under Sections 137(2), 87 and 64 of Bhartiya Nyaya Sanhita (BNS) (sic) and Section 6 of Protection of Children from Sexual Offences Act (in short POCSO Act) at Police Station Kala Amb District Sirmaur, H.P. The petitioner and the victim were known to each other and they belong to the same religion. The petitioner had married the victim and she asserted this fact in her statement recorded under Section 164 Cr.P.C. The victim remained with the petitioner for almost 18 months. The FIR was lodged at the instance of the victim's parents. The petitioner is a 23-year-old boy who has been behind bars for about three years. The victim has been examined and there is no reason to detain the petitioner in custody. The prosecution has cited 25 witnesses but has not completed the evidence so far even though three years have elapsed since then. The petitioner would abide by all the terms and conditions, which the Court may impose; hence, the petit