Abhay Kumar alias Nishu vs State of H.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 190

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Abhay Kumar alias Nishu – Appellant
Versus
State of H.P. – Respondent

Advocates Appeared:
For the Appellant : Mohar Singh
For the Respondent: Ajit Sharma

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 91 of 2025, dated 12.6.2025, registered at Police Station West, Shimla, District Shimla, H.P., for the commission of offences punishable under Sections 137(2) and 64 of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Protection of Children from Sexual Offences Act (POCSO Act).

2. It has been asserted that the prosecution’s version is false. The petitioner has not committed any offence. The police have filed a charge sheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the informant made a complaint to the police that the petitioner Abhay, had taken the victim from her school on 19.5.2025 and raped her. He had initially denied the incident. However, the victim did not menstruate. When the informant asked the victim, she revealed that the accused had maintained physical relations with her. The police registered an FIR and arrested the petitioner. The peti