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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Suresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for grant of anticipatory bail in case FIR No.36 of 2024 dated 30.11.2024, under Sections 64 and 69 of the Bharatiya Nyaya Sanhita, 2023, registered at Women Police Station, Dharamshala, District Kangra, Himachal Pradesh.
2. I have heard learned counsel for the parties, complainant, who is present in person and have gone through the record.
3. The victim, in the case at hand, is aged about 24 years old. The bail petitioner is aged about 23 years old. The bail petitioner is serving in the Indian Army and is presently posted at RR Rifles-53 at Rahmo, District Pulwama, Jammu and Kashmir. The victim is gainfully employed at Ghumarwin. The victim and the bail petitioner had acquainted with each other over Instagram somewhere in the month of August, 2023. Their acquaintance over the Instagram led to their meeting each other physically, first at Chandigarh and then at Shimla. Subsequently, in December, 2023, as per the prosecution, the bail petitioner had taken the victim to Dharamshala, where they had stayed at a Hotel, wherein, at
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 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 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.
Personal liberty is a fundamental right, and bail serves to secure attendance at trial, not as a punitive measure.
The totality of circumstances should be considered before granting or denying anticipatory bail, and stringent conditions may be imposed to address concerns of influencing the victim.
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