Himachal Pradesh High Court Grants Bail to Police Personnel in POSCO Case

In a recent bail application, the Himachal Pradesh High Court, presided over by Justice Satyen Vaidya, has granted bail to the accused, Mangal Singh, in a case related to child sexual offenses. The judgment was pronounced on 13th June 2023 in Cr.MP(M) No. 1344 of 2023.

The petitioner, Mangal Singh, had sought bail in connection with FIR No. 15 of 2023 registered at Women Police Station, Solan, District Solan, Himachal Pradesh, under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The allegations against the petitioner stated that on 30th April 2023, he had committed sexual assault and harassment on a male child victim, who was approximately ten years old. The incident involved the petitioner inserting his hand into the child's trouser and using indecent language towards him.

During the proceedings, the petitioner's counsel, Mr. Jagdish Thakur, contended that his client was innocent and falsely implicated in the case due to personal vendetta. It was further alleged that the petitioner had been targeted by individuals with whom he had an adverse relationship. On the other hand, the Additional Advocate General, Mr. H. S. Rawat, representing the State, opposed the bail application, highlighting the serious nature of the offense and expressing concerns about the petitioner's potential influence on prosecution witnesses, given his status as a police personnel.

After careful consideration of the arguments and perusal of the record, Justice Satyen Vaidya delivered the judgment. The court observed that while the accusations against the petitioner were grave, they were subject to proof, relying primarily on oral evidence. The court noted that pre-trial incarceration is not the general rule and emphasized that keeping the petitioner in custody until the conclusion of the trial would not serve any fruitful purpose. It was highlighted that the investigation was already complete, with the report under Section 173 of the Code of Criminal Procedure (Cr.P.C.) yet to be submitted.

Considering the circumstances, including the petitioner's permanent residency in Deonghat, Post Office Saproon, Tehsil and District Solan, Himachal Pradesh, and the absence of any likelihood of absconding, the court granted bail. To secure his release, the petitioner was required to furnish a personal bond of Rs. 50,000/- with one surety of the same amount to the satisfaction of the Chief Judicial Magistrate, Solan, or any other Judicial Magistrate, 1st Class stationed at Solan.

The court imposed several conditions on the petitioner's bail, including mandatory appearance before the trial court on all dates and refraining from any direct or indirect inducement, threat, or promise to anyone acquainted with the facts of the case. It was made clear that a breach of any bail condition would lead to the cancellation of the bail. Additionally, the petitioner was prohibited from leaving India without prior permission from the court.

The court concluded by clarifying that the observations made in the order should not be taken as an expression of opinion on the merits of the case. It emphasized that the trial court should decide the matter impartially, uninfluenced by any remarks made in the present order.

This judgment by the Himachal Pradesh High Court highlights the delicate balance between the right to bail and the serious nature of offenses under the Protection of Children from Sexual Offences Act, 2012. The court's decision to grant bail in this case reflects its consideration of the specific circumstances and the absence of a reasonable likelihood of the accused fleeing from justice or influencing witnesses.

Date of Decision: 13.06.2023

Mangal Singh vs State of H.P.