Shimla, Decided on September 5, 2023 – In a significant ruling, the High Court of Himachal Pradesh at Shimla, presided over by Justice Satyen Vaidya, granted bail to two petitioners, Yog Raj and Farman, who were accused under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act.
The case registered at Police Station, Pachhad, District Sirmaur, H.P., stemmed from a complaint by a minor victim who alleged sexual assault by multiple individuals over a span of two years. The minor initially named one Shambhu as the perpetrator, but later disclosed the names of several other individuals, including the two petitioners.
Both Yog Raj and Farman were arrested on February 6, 2023, and have been in custody since. They contended that they were falsely implicated and had no prior criminal records. The defense also highlighted that another co-accused, Vijay Sharma, had already been released on bail earlier in August.
A significant turn in the case came when a report from the Director, SFSL, Junga, dated September 5, 2023, revealed no incriminating evidence against the petitioners. Citing the right to a speedy trial and the fact that the trial is unlikely to conclude soon, Justice Vaidya opined that pre-trial incarceration should not be punitive.
The court granted bail to both petitioners on furnishing personal bonds of Rs. 50,000 each, along with a surety of the same amount. The bail comes with conditions, including not leaving India without court permission and not tampering with prosecution evidence.
Justice Vaidya emphasized that any observations made during the judgment should not influence the trial court’s decision on the case’s merits.
LawUmbrella 