Himachal Pradesh High Court news: The Himachal Pradesh High Court recently granted bail to an accused who allegedly married a 16-year-old girl and fathered a child, observing that his continued custody would leave the minor mother alone to raise the infant, disrupting the family and causing trauma to the child.
Justice Sandeep Sharma noted that the police arrested the man after receiving information from a hospital on January 15, 2026, that a minor girl had been brought in for the delivery of a child.
The Himachal Pradesh High Court noted that the girl is two months short of attaining the age of 17, while hearing the bail application of the man who has been in custody since January 2026.
“This court sees no reason to let the bail petitioner be incarcerated in jail for an indefinite period during the trial, because in that event, the ultimate sufferer would be the victim-prosecutrix (girl), who would otherwise be left alone to raise her minor child,” the high court said on April 4.
POCSO vs Family Reality
HC grants bail to a POCSO accused — because jailing him hurts the minor mother more
The Facts
16
Age of the girl — two months short of 17 at time of FIR
1
Child born to the couple — delivery led to hospital tip to police
Jan '26
Accused arrested after police received hospital information
Apr 4
Bail granted by Justice Sandeep Sharma, HP High Court
What the Court Said
👶
The girl would be the ultimate sufferer
Keeping him jailed leaves a minor mother alone to raise an infant — the court saw no reason for indefinite incarceration during trial
Child welfare — paramount
📜
Prosecution "bound to fail"
Once marriage and consensual cohabitation are established, the court found the case against the accused weakens significantly
State admits conviction "remote and bleak"
🏛️
Bail Granted — April 4, 2026
HP High Court enlarged the accused on bail, prioritising the infant's welfare over incarceration — even while acknowledging the gravity of the POCSO offence.
The Himachal Pradesh High Court noted that the police found that the girl was a minor, as the persons accompanying her were unable to produce any document concerning her majority, as well as her marriage to the man.
Justice Sandeep Sharma noted that the girl’s statement did not suggest any sexual assault against her wishes. (AI-enhanced image)
The court found that the girl, who is still a minor, had already married the petitioner and they have been residing together since in the petitioner’s house with his parents.
It was further noted that the girl’s statement did not suggest any sexual assault against her wishes. Rather, she had joined the company of the petitioner of her own volition and out of affection.
Once the girl has candidly admitted the fact of her being married to the petitioner and out of their wedlock, one child has also been born, then the case of the prosecution is bound to fail, the high court pointed out.
Appearing for the petitioner, advocate Vijay Chaudhary submitted before the Himachal Pradesh High Court that at the time of registration of the First Information Report (FIR) in January, the girl and his client had already solemnised their marriage, and they both had come to the hospital for the delivery of a child.
He stated that at the time of lodging the FIR, the girl’s age was less than 17, but she had already been living in her matrimonial home. The petitioner can be said to have committed a heinous crime punishable under the Protection of Children from Sexual Offences (POCSO) Act, but this court may not lose sight of the fact that the girl has already given birth to a child, and it would be difficult for her to raise a minor child in the absence of her husband.
Once the factum of marriage with the petitioner is established and the girl is seen to be living a happy married life, this court may enlarge the petitioner on bail, he added.
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Girl’s consent immaterial
On the contrary, deputy advocate general Ravi Chauhan stated before the Himachal Pradesh High Court that, though nothing remains to be recovered from the petitioner, keeping in view the gravity of the offence alleged to have been committed by him, he does not deserve any leniency.
Chauhan further argued that even if the girl claims to have acted voluntarily, her consent is legally immaterial, given her minority. However, he admitted that in the event of the girl’s stand taken before the Himachal Pradesh High Court, the chances of conviction of the petitioner are very remote and bleak.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Sandeep Sharma noted that the girl’s statement did not suggest any sexual assault against her wishes. (AI-enhanced image)
