IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Naresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Bipin Chander Negi, J.)
The present bail petition has been filed under Section483 of the BNSS for grant of bail, in FIR No.8 of 2025, dated 07.01.2025, registered at Police Station, Nalagarh District Solan, H.P., under Sections 64, 62 140(3) of the BNS, 2023.
2. I have heard learned counsel for the parties. Perused the record and the status report.
3. The alleged incident is dated 07.01.2025. The bail petitioner and the victim both work at the same place. The duty of the victim on 07.01.2025 came to an end at 10.00. P.M. At 10.00 P.M. General Manager/bail petitioner offered to drop the victim to her residence. On previous occasions also after finishing with her daily duty, the victim had been dropped at her residence by the bail petitioner.
4. On 07.01.2025 i.e. the date of occurrence, the bail petitioner was in an inebriated state. Rather than dropping the victim to her residence, he took a detour. The victim requested the bail petitioner to drop her at her residence, however, the bail petitioner was adamant that the victim should consume liquor with him. A per the version of the victim, the bail petitioner attempted to commit forcible sexual intercourse with the victim.
5.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should be granted with conditions ensuring the accused's attendance at trial.
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 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 determined that continued detention of the accused is unnecessary after considering the duration of custody and the nature of allegations.
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....
The presumption of innocence prevails until proven guilty, and bail should not be punitive but ensure trial attendance.
The main legal point established is the distinction between preparation and attempt to commit an offence, as well as the application of relevant sections of the IPC and POCSO Act in determining the n....
The court emphasized the importance of personal liberty and judicial discretion in bail decisions, allowing bail with stringent conditions to ensure trial attendance and prevent evidence tampering.
The court granted bail emphasizing personal liberty and the absence of incriminating evidence, while imposing conditions to ensure trial attendance and prevent interference.
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