Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Rajinder Kumar – Appellant
Versus
State of H.P – Respondent
By way of present petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner has sought regular bail in FIR No.81 of 2025 dated 18.09.2025 under Section 6 4 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘’) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 (for short ‘POCSO Act’), registered against him at Police Station, Kihar, District Chamba, H.P.
2. Before approaching this Court, the petitioner had filed the bail application before the learned Special Judge, Chamba, Division Chamba, H.P. However, the said bail application having been registered as Bail Application No.235 of 2025 titled, Rajinder Kumar vs. State of H.P. was dismissed on 15.12.2025. While rejecting the bail application, the grounds which had weighed with the learned Special Judge were that the offence committed is heinous and further the victim was minor. The charges are yet to be framed against the petitioner and further statements of the victim and other material witnesses are yet to be recorded.
3. As per prosecution story, the victim had visited the Swasth Nari Shashakt Pariwar Camp o
Bail granted in POCSO case of consensual relations and pregnancy between minor victim and accused living as spouses, post-investigation, balancing bail principles with case's social context of adoles....
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
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.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
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
