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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Raj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. fir alleges rape after victim boarded petitioner's car voluntarily. (Para 1 , 2) |
| 2. state cites gravity; defense claims consent and false complaints. (Para 3 , 4) |
| 3. victim's conduct, evidence gaps, detention justify bail consideration. (Para 5 , 6 , 7) |
| 4. presumption of innocence; bail rule, jail exception; balance factors. (Para 8 , 9 , 10 , 11) |
| 5. bail granted subject to bond and stringent conditions. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
Sandeep Sharma, J.
Bail petitioner namely Raj Kumar, who is behind bars since 21.09.2025, 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.98 of 2025, dated 21.09.2025, under Sections 64 , 126 (2), 127 (2) of Bharatiya Nyaya Sanhita (hereinafter ‘’), registered at Police Station Jhandutta, District Bilaspur, H.P.
2. Respondent-State has filed status report, perusal whereof reveals that on 21.09.2025, victim-prosecutrix (name held to protect her identity) lodged a compliant at Police Station Jhandutta, District Bilaspur, Himachal Pradesh, alleging therein that on 20.09.2025, while she had gone to Patwar Ghar f
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....
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.
The presumption of innocence prevails until proven guilty, and bail should not be punitive but ensure trial attendance.
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....
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
The main legal point established in the judgment is the presumption of innocence, the need to avoid indefinite incarceration without guilt being established, and the principles of bail as outlined in....
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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