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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma
Sonu – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. details of bail application and allegations. (Para 1 , 3 , 4) |
| 2. arguments against granting bail. (Para 5 , 6) |
| 3. concerns regarding trial timelines. (Para 7 , 9 , 10) |
| 4. right to speedy trial under article 21. (Para 8 , 12 , 14 , 20) |
| 5. legal principles guiding bail decisions. (Para 19 , 26 , 28) |
| 6. order granting bail with conditions. (Para 29 , 30 , 31) |
Sandeep Sharma, J
1. Bail petitioner namely Sonu, who is behind bars since 4.9.2022, has approached this court in the instant proceedings filed under S. 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter, ‘ BNSS ’) for grant of regular bail in case FIR No. 84, dated 3.9.2022 under Ss. 363, 366, 376 and 506 IPC and Ss.4 and 21 of Protection of Children from Sexual Offences Act, registered at Police Station Talai, District Bilaspur, Himachal Pradesh.
2. Respondent-State has filed status report and Investigating Officer i.e. SI Rakesh Kumar, Police Station Talai, District Bilaspur, Himachal Pradesh has come present with record. Record perused and returned.
3. In nutshell, prosecution case is that on 3.9.2022, father of victim-prosecutrix lodged a complaint with the police that his minor daughter XYZ has
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