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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Parveen – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.27 of 2024, dated 16.09.2024, registered at Women Police Station, District Una, Himachal Pradesh, under Sections 69 and 79 of the Bharatiya Nyaya Sanhita, 2023.
2. Brief facts giving rise to the case at hand are that the victim has stated that she is living at Amb for the past three years. As per the victim, she was married in 2011. The victim had got divorced from her previous husband on 27.08.2022. Out of her previous wedlock, she has a son who is around 11 years old.
3. The allegations of the victim, in the case at hand are that about two and half years ago, she had met with the bail petitioner. The bail petitioner was a regular visitor to the house of the victim. On the pretext of marriage, the bail petitioner had indulged in sexual intercourse with the victim. On two occasions, i.e., 29.03.2024 and 21.05.2024, she had given Rs.2,000/- and Rs.1,000/-, respectively to the bail petitioner from her account. As per the victim, the petitioner had forcefully indulged in sexual intercourse wit
The court emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
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 that should only be curtailed when necessary, emphasizing the importance of the accused's cooperation and lack of criminal history.
The court determined that continued detention of the accused is unnecessary after considering the duration of custody and the nature of allegations.
Personal liberty is a fundamental right that should only be curtailed when absolutely necessary, emphasizing the non-punitive nature of bail.
Bail is a right, not a punishment; pre-trial incarceration should be avoided unless necessary, especially when charges are unproven and trial is delayed.
Insufficient grounds to deny bail due to lack of evidence connecting the applicant to the crime.
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 grants bail based on the absence of necessity for continued detention and specific compliance terms.
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