Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Sheela Devi – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section482 of BNSS, 2023 for grant of anticipatory bail, in FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan District Sirmaur H.P., under Sections 363, 366A, 354, 376 and 34 IPC and Sections 06, 17 of Protection of Children From Sexual Offences Act (POCSO Act).
2. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner.
3. Heard counsel for the parties. Perused the status report and the record.
4. The victim/complainant in the case at hand is aged 17 years. On the death of her father, the mother of the victim had left the victim and her two other siblings to fend for themselves. The elder brother of the victim one Pankaj lives at Kala Amb. The elder sister of the victim is married at Kala Amb.
5. After the death of the father of the victim, the victim was being looked after by the elder sister of the late father of the victim. The aforesaid lady who was taking care of the victim as per the complainant was a habitual drinker. As a consequence of drinking habits about two years ago, the said lady had shunted
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.
The court distinguished between consensual sex and rape, emphasizing the victim's adult status and consent, leading to the granting of anticipatory bail.
The court emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
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 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 absence of evidence showing inducement by the accused negates charges of kidnapping under IPC, even if the victim is a minor.
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
