HP High Court Grants Bail to Man in POCSO Case Over Trial Delay
Shimla, August 20: The Himachal Pradesh High Court has granted bail to Dhananjay Kumar, accused of abducting and sexually assaulting a 14-year-old girl, after noting that the trial in the case has not moved forward even a year after the charge-sheet was filed.
Justice Sandeep Sharma observed that despite filing of the challan in April 2024 and framing of charges in October 2024, not a single prosecution witness has been examined till date. Kumar has been in custody since February 24, 2024.
The case was registered in Baddi after the minor went missing on February 7, 2024.
She was later recovered from the residence of the accused in Bihar on February 22, 2024. Police alleged that Kumar lured the girl on the pretext of marriage and sexually assaulted her.
The court, while acknowledging the gravity of the offence, held that prolonged incarceration without trial amounts to a violation of the constitutional right to a speedy trial under Article 21.
It noted that the POCSO Act itself mandates trial completion within one year.
Kumar was released on bail against a bond of ₹1 lakh and a surety of the same amount.
The court has directed him to attend all hearings, cooperate with investigation, not tamper with evidence, and not leave India without permission.
The judge clarified that violation of these conditions would invite cancellation of bail.