“Crime Was Not Result Of Lust But Love”: HP High Court Grants Bail To POCSO Accused, Cites Marital Relationship & Birth Of Child

The Himachal Pradesh High Court has granted regular bail to an accused under the POCSO Act, taking note of the admitted marital relationship between the accused and the minor girl and the fact that a child had been born out of the union.

The Court further remarked that continued incarceration of the accused would result in hardship to the prosecutrix, who would otherwise be left to raise the child alone, as the circumstances indicate a consensual relationship.

Justice Sandeep Sharma remarked:“...this Court sees no reason to let the bail petitioner incarcerate in jail for indefinite period during trial, because in that event, ultimate sufferer would be victim-prosecutrix, who would otherwise be left alone to raise her minor child.”

Further the Court noted that:“...the crime was not the result of lust but love… Continuation of the criminal proceedings and the appellant's incarceration would only disrupt this familial unit and cause irreparable harm to the victim, the infant child, and the fabric of society itself.”

Background:

The case arose when the police received information on 15^th January, 2026 from Civil Hospital, Chowari, regarding a minor girl who had been admitted for delivery of a child. After inquiry, the policy found that the girl was a minor and the persons accompanying her were unable to produce any document with regard to her majority as well as marriage. Thus, the police lodged FIR and arrested the bail petitioner, who otherwise claimed himself to be husband of the girl.

Thereafter, the petitioner approached the High Court seeking regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

He contended that him and the girl had solemnised marriage and were living together. Further stating that she had already given birth to a child and it would be difficult for her to raise minor child in the absence of her husband.

The court observed that according to the minor girl's statement, she stated that she had voluntarily entered into a relationship with the petitioner and had married him.

Further the Court noted that the FIR was not lodged by the girl or her family, but by the hospital authorities and the girl her desire to continue her marital life with the petitioner. It further remarked that continued incarceration of the petitioner would adversely affect the prosecutrix and the child.

Thus, the Court granted bail to the petitioner.

Case Name: Suneel Kumar V/s State of Himachal Pradesh & Anr.

Case No.: Cr.MP(M) No.396 of 2026

Date of Decision: 02.04.2026

For the petitioner: Mr. Vijay Chaudhary, Advocate

For the Respondents: Mr. Rajan Kahol, Additional Advocate General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General.

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