3 min readNew DelhiUpdated: Dec 17, 2025 06:43 PM IST
Granting the man bail, the Himachal Pradesh High Court said that his continuous detention would disrupt the family and the social fabric. (Image generated using AI)
Himachal high minor marriage bail case: The Himachal Pradesh High Court recently outlined the legal implications, particularly the rigours of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), on minors who get into a marital relationship due to a lack of awareness.
Justice Rakesh Kainthla, therefore, granted bail to a man who was married to a minor girl and the couple had a child. The court underlined that the case had exposed a “harsh social reality”.
“The present case does not fall within the spirit of the POCSO Act, but exposes a harsh social reality, where minor married couples are exposed to the POCSO because of their lack of knowledge,” the court held on December 9.
The order continued, “The child was born as a result of love and not lust, and the victim expressed her desire to live a peaceful and stable family life, the incarceration of the husband would disrupt the family unit and cause irreparable hardship to the victim, child and the social fabric.”
The FIR in the case was registered at the instance of the health care workers, child help line, under relevant provisions of the Bhartiya Nyaya Sanhita and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act on May 22 following which the man was arrested on May 25.
The police filed a chargesheet before the court on July 18.
The man subsequently moved the court for bail saying that he is innocent and claiming he was framed in the case. He added that he does not have any criminal antecedents and the investigation is complete in the case.
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The petitioner also said that no fruitful purpose would be served by detaining the petitioner in custody.
The court, while granting the bail, said that his continuous detention would disrupt the family and the social fabric.
The order further noted that the present case does not fall within the spirit of the POCSO Act, and exposes a harsh social reality, where minor married couples are exposed to POCSO Act owing to lack of knowledge.
Taking note of the status report filed by the police, the court said that the minor was married to the petitioner.
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The court also took note of the minor’s submissions, who said she was married to the petitioner with a child.
She did not oppose the bail petition and had no objection in case it was allowed, the court noted.
Rejecting the prosecution’s apprehensions that he would “intimidate the witnesses”, the court said it cannot deny bail on this basis, especially when the apprehension can be removed by imposing conditions.
The court imposed various conditions, including furnishing bail bonds for Rs 25,000 with one surety in the like amount, while directing him to attend the trial court on every hearing and not leave the present address for seven days without furnishing the address of the intended visit to the local police officials and the trial court, among others.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
