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.

JUDGMENT :

Bipin Chander Negi, J.

1. The present bail petition has been filed under Section483 of the BNSS for grant of bail, in FIR No.75 of 2024, dated 01.12.2024, registered at Police Station, Dadahu, District Sirmaur, H.P., under Sections 376 of IPC with Section 6 of Protection of Children From Sexual Offences Act, 2012.

2. I have heard learned counsel for the parties. Perused the record and the status report.

3. Complaint was received on the Child Help Line alleging child marriage inter se the bail petitioner and the alleged victim in the case at hand. It is further alleged that out of the illicit relationship between the petitioner and the alleged victim, a child was also born. As per the status report, the date of birth of the victim in the case at hand is 01.01.2007. The victim in thecase at hand admittedly has attained the age of majority on1.1.2025.

4. Learned counsel appearing on behalf of the petitioner has placed on record a joint application filed on behalf of the alleged victim, who as on date attained the age of majority and also signed by the accused who is presently in custody qua registration of their marriage by the concerned authority. The said application is at page 28 of the paper book and is dated02.01.2025.

5. The bail petitioner in the case at hand was arrested on 03.12.2024. In the aforesaid facts and attending circumstances, wherein the alleged victim has got married with the bail petitioner and an application for registration of the same has been filed before the concerned authority signed by both the bail petitioner and the alleged victim, I see no reason to not allow the present application. Based on the aforesaid, learned counsel appearing on behalf of the petitioner submits that the bail petitioner will be filing an appropriate application for quashing the aforesaid FIR in the case at hand.

6. While deciding an application for bail, the Court should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage. A Court may examine prima facie issues. including any reasonable grounds whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits which has the potential to prejudice either the case of the prosecution or the defence, is undesirable.

7. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family.

8. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.

9. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Khud Dravil, Post Office Jarag, Tehsil Dadahu, District Sirmaur, H.P. In order to ensure his presence at trial stringent condition can be imposed while granting bail.

10. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the