The Himachal Pradesh High Court has granted bail to a woman accused of confining a 12-year-old Dalit boy in a cowshed and allegedly abetting his death by suicide, with the court emphasizing that as a woman, she deserves special consideration and cannot be detained indefinitely during trial proceedings.
Court Observations on Vague Prosecution Evidence
Justice Rakesh Kainthla, while hearing the bail plea, noted that the status report submitted by the police was highly vague and lacked specific details about the case facts. The court observed that the charge sheet documented the boy escaping from the cowshed by breaking a ventilator mesh, which was verified by forensic experts, but found inconsistencies in the prosecution's narrative.
Background of the Tragic Incident
The case stems from September 2025 when the Dalit boy allegedly consumed a poisonous substance after being confined in a cowshed. He later died during treatment. The woman, belonging to the upper caste Rajput community, was accused along with two or three others of beating and locking the minor, demanding a sacrificial goat for purification after the child touched her house.
Legal Arguments and Court Reasoning
Senior advocate Ajay Kochhar, representing the petitioner, argued that the allegations connecting her to the suicide were false and lacked material evidence. He emphasized that the police investigation appeared biased due to political pressure and that no purpose would be served by continued detention since the charge sheet had already been filed.
Conversely, the state's counsel, additional advocate general Lokender Kutlehria, and the informant's counsel, advocate Raju Ram Rahi, contended that the woman's actions demonstrated caste-based discrimination. They argued that her conduct had created resentment in the locality and that she had intimidated the informant's family, with an FIR registered regarding this intimidation.
Court's Analysis of Caste Allegations
The court noted several contradictions in the prosecution's case. While the child belonged to a Scheduled Caste and the petitioner did not, the charge sheet failed to establish that the demand for a sacrificial goat reflected any prevalent custom in the area. The court also observed logical inconsistency: if the petitioner believed the child's touch had polluted her house, confining him inside seemed contradictory.
Previous Legal Proceedings
Earlier, in October, the court had dismissed the woman's anticipatory bail application, criticizing the police for not initially invoking provisions of the SC/ST (Prevention of Atrocities) Act, 1989, when the child's father lodged the complaint on September 17, 2025.
Bail Conditions and Future Proceedings
In granting bail, the court considered that the petitioner, being a woman, is entitled to special consideration under legal provisions. The court also noted that she would abide by bail terms and conditions. However, concerns about witness intimidation were acknowledged, though the court found prima facie doubts about the prosecution's version sufficient to grant relief at this stage.
The decision highlights ongoing judicial scrutiny of cases involving caste-based allegations and the balance between pretrial detention rights and ensuring fair trial processes in sensitive matters.
