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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Kapil Dev – Appellant
Versus
State of Himachal Pradesh - – Respondent
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 p
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 emphasized the distinction between consensual sex and rape, ruling that personal liberty is paramount and should only be curtailed when necessary.
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 absolutely necessary, emphasizing the non-punitive nature of bail.
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 held that despite serious charges, bail was granted based on the victim’s marriage to the accused and their family circumstances, emphasizing the presumption of innocence and the importance....
The court emphasizes the principle of presumption of innocence and the consideration of familial stability in granting bail, particularly when the victim has consented to marriage with the accused.
The presumption of innocence and the right to liberty dictate that pre-trial detention should not be punitive and bail should be granted unless there are compelling reasons against it.
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.
Bail should not be denied solely based on the gravity of the offence, considering the principle of presumed innocence and the particular circumstances of the case.
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