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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA
Suneel Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail under specific laws. (Para 1 , 2) |
| 2. victim-prosecutrix's age and marital status highlighted. (Para 3 , 6) |
| 3. defense argues for bail based on marital relations. (Para 4 , 8) |
| 4. prosecution emphasizes gravity of charges. (Para 5 , 7) |
| 5. court considers societal implications of incarceration. (Para 9 , 10) |
| 6. presumption of innocence and importance of bail. (Para 11 , 12) |
| 7. legal precedents on bail conditions and principles. (Para 13 , 14) |
| 8. factors to consider for granting bail established. (Para 15 , 16) |
| 9. court orders bail with conditions. (Para 17 , 18) |
| 10. observations do not reflect the case merits. (Para 19 , 20) |
JUDGMENT :
SANDEEP SHARMA, J.
1. Bail petitioner namely Suneel Kumar, who is behind bars since 5.1.2026, has approached this court in the instant proceedings filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, in case FIR No. 5 of 2026 dated 5.1.2026, registered at Police Station Chowari, District Chamba, Himachal Pradesh, under Section 6 4 (2) of the Bharatiya Nyaya Sanhita, 2023 (in short “ BNS ”) and Section 6 of the Protection of Children from Sexual Offences Act (in short “Act”).
2. In
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.
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 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....
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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