Court balances justice and personal liberty, granting bail to accused after minor victim expresses desire to live with him and child is born from the relationship.
In a significant ruling, the Himachal Pradesh High Court has granted regular bail to Satish Kumar, accused under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita, 2023, for allegedly committing a sexual offence against a minor. The decision, delivered by Justice Sandeep Sharma, takes into account the unique circumstances of the case, where the victim, despite being a minor at the time of the alleged offence, expressed her willingness to live with the accused as his wife, and a child was born from their relationship.
The court recognized the complexities involved in this case, where the victim, now a major, has voluntarily admitted to residing with the accused and their child, born from their union. The judgment emphasizes the importance of not disrupting the family unit and avoiding trauma to the victim and child by unnecessarily incarcerating the accused.
Justice Sharma, in his oral judgment, highlighted the need for courts to balance the presumption of innocence with societal interests, reiterating that the purpose of bail is not punitive but to ensure the accused's presence during trial. The court underscored that personal liberty should not be curtailed without compelling circumstances, especially when the accused poses no flight risk or threat to the victim.
The court also reflected on the principles of criminal jurisprudence, emphasizing the presumption of innocence until proven guilty and the need for a balanced approach in cases arising from consensual relationships, even when involving minors, to avoid unnecessary disruption to family life.
The decision drew on precedents from the Supreme Court, including the notable case of K. Kirubakaran v. State of T.N., where the court recognized the need for compassion and empathy in cases where the crime stemmed from love rather than lust, and the victim expressed a desire for a stable family life.
The accused has been in custody since January 2026, following an FIR lodged by the police after the victim, then a minor, delivered a child. The court, acknowledging the completion of the investigation and the lack of further recoveries required from the accused, found no justification for his continued detention.
In granting bail, the court imposed conditions to ensure the accused's availability for trial and prevent any tampering with evidence. The decision reflects a nuanced understanding of the law, emphasizing the importance of personal liberty and the presumption of innocence while safeguarding the interests of the victim and child.
Bottom Line:
Regular bail granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the peculiar facts where the victim-prosecutrix, though a minor at the time of the incident, expressed her willingness to live with the accused as his wife, and where a child was born from their relationship.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Section 64, POCSO Act Section 6
Satish Kumar v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc id # 2901159
