Ashok Kumar v. State of Himachal Pradesh
In the High Court of Himachal Pradesh
Clr. M. P. (Main) 147/2022
Before Justice Satyen Vaidya
Decided on January 27, 2022

Relevancy of the case: Bail application in a case involving the harassment of a minor and uploading her photograph on Facebook

Statutes and Provisions Involved

• The Indian Penal Code, 1860 (Section 354, 354D)
• The Protection of Children from Sexual Offences Act, 2012 (Section 12)
• The Code of Criminal Procedure, 1973 (Section 439, 164)

Relevant Facts of the Case

• The complainant is the victim’s mother. On December 10, 2021, she submitted a written complaint alleging that the petitioner was harassing her daughter for the last six months.
• When the complainant disclosed this to the petitioner’s parents, he stopped chasing the victim.
• However, on December 09, 2021, he caught her by her arm and indulged in indecent acts when she was returning from the school. She was crying when she reached home and narrated the entire incident to her mother. Earlier, he had also taken her photograph and posted it on Facebook.
• In his statement before the Magistrate, the petitioner disclosed in his statement that the victim was chatting with him from her mother’s mobile since June 2021.
• The petitioner’s father had burnt the petitioner’s mobile phone and SIM card when he became aware of his son’s misdeeds.

Prominent Arguments by the Advocates

• The advocate general opposed the bail application on the ground that the petitioner could overawe the victim and the witnesses.

Opinion of the Bench

• In the statement before the Magistrate, the victim has only made general allegations of indecent behaviour. Hence, the court cannot assess the gravity of the situation. Further, there is nothing on the record to support the allegation of the petitioner’s post on Facebook.
• Also, there is no evidence to verify if the victim was chatting using her mother’s mobile phone.
• The trial is going to take a considerable time.

Final Decision

• The bench allowed the bail application subject to conditions.

Julia Anna Joseph, an undergraduate student at Christ (Deemed to be University), prepared this case summary during her internship with The Cyber Blog India in January/February 2022.