Shimla: Himachal Pradesh High Court has granted bail to Naveen Thapa, the accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.  The Court directed DGP to ensure that Investigating Officers should protect child’s identity in all POCSO cases as mandated under of Section 33(7) of the POCSO Act.

The case (FIR No. 4 of 2023) was registered on January 30, 2023, at the Women Police Station in Kullu, Himachal Pradesh.

Naveen Thapa had applied for bail under Section 439 of the Code of Criminal Procedure, asserting his innocence and claiming that he had been falsely implicated in the case.

The charges against him included Sections 363 and 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

The High Court considered several factors in granting bail to Thapa.

Notably, the mother of the child victim and the child herself, who were key prosecution witnesses, did not support the prosecution's case and had even resiled from their earlier statements.

The court also noted that the trial's conclusion was not imminent, making prolonged judicial custody unnecessary.

Justice Virender Singh ordered Naveen Thapa's release on bail upon the submission of bail bonds totaling ₹50,000 and two sureties of the same amount, with one surety being a local resident.

The court imposed several conditions on his bail, including regular court appearances, non-interference with witnesses or evidence, and a prohibition on leaving India without court permission.

The court also expressed concern over the violation of Section 33(7) of the POCSO Act, which mandates the protection of a child's identity during the investigation and trial.

The court directed the Director General of Police, Himachal Pradesh, to issue instructions to all Investigating Officers in the state to strictly adhere to this provision.

This decision highlights the importance of respecting the legal rights of the accused and the need for strict adherence to child protection laws during legal proceedings.