The Himachal Pradesh High Court has refused to grant bail to a 61-year-old man accused of sexually assaulting a three-year-old girl, observing that the allegations are serious and supported by the child’s statement. The court held that the gravity of the offence and the circumstances of the case did not justify releasing the accused at this stage.
Background of the Case
The case relates to FIR No. 18 of 2025 registered at the Women Police Station, Baddi, in Solan district. The accused, Devi Singh, was booked under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
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According to the prosecution, the child’s parents used to leave her with a neighbour while going to work. On April 6, 2025, the child allegedly disclosed that the accused had sexually assaulted her a day earlier. The incident was promptly reported, following which the police registered the FIR and arrested the accused on April 13, 2025.
Medical examination of the child was conducted, and samples were sent for forensic testing. Although the forensic report did not detect semen or blood, the investigation proceeded based on the child’s statement and surrounding circumstances.
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Arguments Before the Court
Seeking bail, the defence argued that the petitioner had been falsely implicated and that no medical or scientific evidence supported the allegation of sexual assault. It was also submitted that the investigation was complete, the charge sheet had been filed, and no further custodial interrogation was required.
The State, however, strongly opposed the bail plea. The prosecution submitted that the victim had clearly named the accused and that her statement deserved full weight at the bail stage. It was also pointed out that the accused had prior criminal cases and that his release could lead to intimidation of the victim or witnesses.
Court’s Observations
Justice Rakesh Kainthla carefully examined the record and referred to settled principles laid down by the Supreme Court on granting bail in serious offences. The court noted that while liberty is important, it must be balanced against the nature of the offence and the safety of the victim.
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“The statement of the victim clearly attributes the act to the petitioner. At this stage, the Court cannot discard her version merely because medical evidence does not fully corroborate it,” the bench observed.
The court further noted that the victim was only three years old and had been left in the care of the accused, which made the alleged breach of trust particularly serious. It also rejected the argument that minor inconsistencies in the informant’s statement weakened the prosecution case, holding that the child’s version remained the primary consideration.
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Decision
After considering all aspects, the High Court concluded that the offence alleged was grave and that releasing the accused on bail could adversely affect the administration of justice.
“The age of the victim, the nature of allegations, and the relationship of trust involved disentitle the petitioner from the concession of bail,” the court held while dismissing the bail application.
The court clarified that its observations were limited to the bail proceedings and would not affect the trial on merits.
Case Title: Devi Singh vs State of Himachal Pradesh
Case No.: Cr.MP(M) No. 2529 of 2025
Case Type: Bail Application (POCSO Act)
Decision Date: 23 January 2026
