Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Vipin Kumar – 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.106 of 2023, dated 31.05.2023, registered at Police Station, Bhuntar, District Kullu, Himachal Pradesh, under Sections 341, 342, 363, 376 & 120-B of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.
2. Heard learned counsel for the parties and perused the status report and the record so produced.
3. Admittedly, in the case at hand, the bail petitioner is aged 22 years. The bail petitioner had previously approached this Court videCr.MP(M) No.723 of 2024. The same was dismissed vide order dated 15.05.2024. At the time, when the bail petitioner had approached this Court, the matter was listed for Consideration of Charge before the trial Court. From perusal of the status report filed, it is evident that Charge, in the case at hand has not been framed as yet and the matter is coming up for Consideration of Charge on 19.02.2025. The petitioner was apprehended by the Police and he is in custody since 06.09.2023.
4. The consequences of pre-trial
Bail is a right, not a punishment; pre-trial incarceration should be avoided unless necessary, especially when charges are unproven and trial is delayed.
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 emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
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 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 that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
Bail is the rule and jail is the exception; courts must ensure fair trial opportunities while considering the seriousness of allegations and the rights of victims.
The court grants bail when evidence is insufficient to justify continued detention, emphasizing the lack of criminal antecedents and the completeness of the investigation.
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
