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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Rajinder Kumar – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. bail petition in pocso case post-fir and investigation (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties contend on bail citing consent and heinousness (Para 6 , 7 , 8 , 9 , 10) |
| 3. supreme court bail principles: nature, evidence, antecedents (Para 11 , 12) |
| 4. love marriage context mitigates custody need (Para 13 , 14 , 15) |
| 5. bail granted with conditions and violation warnings (Para 16 , 17 , 18 , 19) |
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 r
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 emphasized that the severity of the crime and potential interference with the investigation justify the denial of bail, aligning individual liberty with societal safety.
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....
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
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