Grant of bail is determined by the nature of the charge, evidence, and risk of absconding or witness tampering; pre-trial detention is unjustified once the charge sheet is filed and no further investigation is required, provided conditions can mitigate risks.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dated 15.11.2025, registered at Woman Police Station, Solan, District Solan, H.P., for the commission of an offence punishable under Section 8 of Protection of Children from Sexual Offences Act (POCSO) and Section 3(1)(w) of Scheduled Caste and Scheduled Tribe, (Prevention of Atrocities Act) (SC & ST Act).

It has been asserted that, as per the prosecution, the victim made a complaint to the police that the petitioner had molested her. The police registered an FIR and investigated the matter. Subsequently, the victim’s maternal uncle made a statement that the petitioner had told him on the telephone that he (the petitioner) used to treat the daughters of weavers like this. The petitioner had molested the victim because she belonged to the scheduled caste. These allegations are false. The matter was reported to the police after a delay of 10 days. The petitioner is a permanent resident of District Solan, and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

The petition is opposed by filing a status report asserting that the victim had made a statement to the police on 15.11.2025, stating that the petitioner had molested her on 2.11.2025. The police registered the FIR and investigated the matter. The victim’s uncle made a statement that the petitioner had abused him and the victim in the name of his caste on 14.11.2025. The petitioner also claimed that he had molested the victim because of her caste. The police investigated the matter and filed the charge sheet on 8.1.2026. The matter was listed for the supply of copies. Hence, the status report.

I have heard Mr Lovneesh Thakur, learned counsel for the petitioner, Mr Prashant Sen, learned Deputy Advocate General for respondent No.1/State and Mr Rakesh Chaudhary, learned Legal Aid Counsel for the victim.

Mr Lovneesh Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. There is a delay in reporting the matter to the police. The allegations regarding the commission of an offence punishable under the SC & ST Act were made subsequently to aggravate the nature of the offence. The charge sheet has been filed before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Prashant Sen, learned Deputy Advocate General for the respondent/State, submitted that the petitioner had molested a minor girl belonging to the scheduled caste because of her caste. The petitioner had confessed to the molestation in a call made to the victim’s uncle because of the victim’s caste. This shows scant regard for human dignity. The trial has not yet commenced, and the petitioner would intimidate the witnesses if released on bail. Therefore, he prayed that the present petition be dismissed.

Mr Rakesh Chaudhary learned legal aid counsel adopted the submissions of Mr Prashant Sen, learned Deputy Advocate General for the State.

I have given considerable thought to the submissions made at the bar and have gone through the record carefully.

The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P. , (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page 380:

(i) Broad principles for the grant of bail 56. In Gudikanti Narasimhulu v. High Court of A.P. , (1978) 1 SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elaborating on the content of Article 21 of the Constitution of India in the context of personal liberty of a person under trial, has laid down the key factors that should be considered while granting bail, which