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Himachal Pradesh High Court has granted regular bail to Dhananjay Kumar, accused of kidnapping and sexually assaulting a minor under the POCSO Act, after noting that the trial had not begun more than a year after the filing of the charge sheet.
Justice Sandeep Sharma, while allowing the bail plea, said that keeping the accused in custody for an indefinite period without trial would amount to "pre-trial conviction" and violate the fundamental right to a speedy trial under Article 21 of the Constitution. Kumar was arrested on February 24, 2024, in connection with FIR No. 3/2024 registered at the Women Police Station, Baddi, District Solan, under Sections 363, 366, 376 of the IPC and Section 6 of the POCSO Act. Police allege he took a 14-year-old girl to Bihar on the pretext of marriage and sexually assaulted her. The girl was recovered from his residence in Jahanabad, Bihar, on February 22, 2024. The court noted that the challan was filed on April 18, 2024, and a supplementary challan on June 29, 2024, while charges were framed on October 25, 2024. However, not a single prosecution witness had been examined to date, despite Section 35 of the POCSO Act mandating that trials be completed within a year. Citing several Supreme Court judgments, Justice Sharma reiterated that "bail is the rule and jail is an exception" when trial delays infringe on constitutional rights. He observed that nothing remained to be recovered from the accused and that prolonged incarceration would be unjustified. Kumar was released on bail upon furnishing a bond of 1 lakh with one surety of the same amount, subject to conditions including regular court attendance, non-tampering with evidence, and not leaving India without permission. The court clarified that the observations in the order would not affect the merits of the case, and the prosecution could seek cancellation of bail if conditions were violated. (ANI)
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