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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA
H Suneel Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
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 terms of order dated 17.3.2026, respondent-State has filed the status report and SI Pradeep Kumar, PS Chowari, has come present with record.
3. Close scrutiny of record/status report reveals that on 15.1.2026, police received information from Civil Hospital Chowari, District Chamba, to the effect that one minor girl has been brought for delivery of a child. Police after having reached the hospital found victim-prosecutrix to be minor. Since persons accompanying her were unable to produce any document with regard to her majority as well as marriage, police lodged FIR and arrested the bail petitioner, who otherwise claimed himself to be husband of victim
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....
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.
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, 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.
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
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