Himachal High Court grants bail to man accused under POCSO, citing delay in trial

Shimla, Aug 21,
The Himachal Pradesh High Court has granted bail to Dhananjay Kumar, an accused facing charges of kidnapping and sexually assaulting a 14-year-old girl, on the ground of inordinate delay in the trial. Justice Sandeep Sharma passed the order on Wednesday, noting that the accused had been in custody since February 2024, but the prosecution had not examined even a single witness despite the filing of the charge-sheet nearly a year ago.

The case stems from an FIR lodged at Women Police Station, Baddi, in February 2024, after the minor was reported missing. She was later recovered from Bihar, allegedly from the residence of Kumar, who was arrested on February 24, 2024. The police charged him under Sections 363, 366, 376 of the IPC and Section 6 of the POCSO Act.

While opposing the bail, the prosecution argued that the accused had exploited the innocence of the victim and committed a heinous offence. However, the court held that prolonged incarceration without trial amounted to a violation of Article 21 of the Constitution, which guarantees the right to life and liberty.

Justice Sharma referred to Section 35 of the POCSO Act, which mandates that trial be completed within one year of cognizance, and cited multiple Supreme Court rulings underscoring that “bail is the rule and jail is an exception,” particularly when delays occur.

The court ordered Kumar’s release on a personal bond of Rs 1 lakh with one surety, subject to conditions including regular court appearances, non-tampering with evidence, and a bar on leaving India without prior permission. The judge clarified that any breach of conditions could lead to cancellation of bail.