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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA
Ajit Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGNENT :
Sandeep Sharma, J.
Bail petitioner, namely Ajit Singh, who is behind the bars since 02.01.2026, has approached this Court in the instant proceedings filed under Section 483 of BNS S , 2023, for grant of regular bail in case FIR No.2/2026, dated 02.01.2026, under Sections 64 of and Section 6 of POCSO Act, registered at Police Station Pachhad, District Sirmaur.
2. In terms of order dated 20.03.2026, respondent/State has filed status report and ASI Parmod Kumar, Police Station Pachhad, District Sirmaur, has come present along with record. Record perused and returned.
3. Close scrutiny of status report/record reveals that on 01.01.2026, Superintendent of Police, Sirmaur, received an e- mail with regard to marriage of victim-prosecutrix with present bail petitioner. Though credentials of complainant could not be established, but yet having taken note of details given in the complaint, Police recorded the statement of father of the victim- prosecutrix (name withheld), who alleged that his eldest daughter, who had been studying in 10+2, had been talking to bail petitioner for quite long. He alleged that on 08.12.2025, his wife apprised him that her daughter, i.e. victim-prosec
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.
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 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, discretion of the judge in granting bail, and the factors to be considered in deciding a bail petition were central legal principles established in the judgment.
Mere transportation of minor victim and co-accused to offence site does not prove abetment under POCSO Section 17 without evidence of instigation, conspiracy or aiding commission; bail granted post-c....
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