Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sumit – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Sumit, who is behind bars since 21.07.2025, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.117 of 2025, dated 20.07.2025, under Sections 65 (1), 137 (2), 3(5) of Bharatiya Nyaya Sanhita (hereinafter ‘’) and Section 6 & 17 of the Protection of Children from Sexual Offences ACT, 2012 (hereinafter ‘POCSO Act’), registered at Police Station Palampur, District Kangra, H.P.
2. Pursuant to notices issued in the instant proceedings, respondent-State has filed status report and ASI Rajesh Kumar has come present with record. Investigating Officer states that in terms of order dated 28.01.2026, victim-prosecutrix was apprised with regard to pendency of the present petition, but she has stated that she has settled the matter with the present bail-petitioner.
3. Close scrutiny of status report as well as record made available to this Court reveals that on 20.07.2025, complainant, namely ABC, lodged a complaint at PS Palampur, District Kangra, Himachal Pradesh, alleging therein that her minor daughter (name withheld t
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....
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.
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.
Bail granted in sexual assault case due to prosecutrix's questionable conduct on busy highway, lack of medical corroboration, prior acquaintance, past false complaints, and presumption of innocence a....
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
