IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Bipin Chander Negi, J
Naresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
1. Mr. Ajay Thakur, learned counsel has put in appearance on behalf of the victim and has also filed power of attorney today itself in the Court.The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.52 of 2024, dated 16.08.2024, registered at Police Station, Shillai, District Sirmour, H.P., under Sections 64(1) of BNS 2023.
2. I have heard learned counsel for the parties. Perused the record and the status report.
3. The alleged incident in the case at hand is stated to have occurred at around 12.30 P.M on 14.08.2024. At that particular point of time, the victim had gone to the Jungle adjacent to the Village for the purpose of grazing her cattle. The victim is aged about 40 years. She is married. The bail petitioner is also married and is aged about 29 years. Both the bail petitioner and the victim belonged to the same Village.
4. The report qua the alleged incident was made on 16.08.2024. In the medical examination conducted qua the victim and the bail petitioner, no incriminating findings have been reported qua the bail petitioner. Similarly in the forensic report also, nothing adverse insofar the bail peti
The court granted bail emphasizing personal liberty and the absence of incriminating evidence, while imposing conditions to ensure trial attendance and prevent interference.
Bail is a right, not a punishment; pre-trial incarceration should be avoided unless necessary, especially when charges are unproven and trial is delayed.
The court emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
Personal liberty is a fundamental right that should only be curtailed when absolutely necessary, emphasizing the non-punitive nature of bail.
Personal liberty is a fundamental right that should only be curtailed when necessary, emphasizing the importance of the accused's cooperation and lack of criminal history.
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.
The court distinguished between consensual sex and rape, emphasizing the victim's adult status and consent, leading to the granting of anticipatory bail.
Personal liberty is a fundamental right, and bail serves to secure attendance at trial, not as a punitive measure.
Bail granted in sexual assault case due to prosecutrix's questionable conduct on busy highway, lack of medical corroboration, prior acquaintance, past false complaints, and presumption of innocence a....
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
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