1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.806 of 2025 Date of Decision : 30.06.2025 Pappu Ram …… Petitioner Versus State of Himachal Pradesh and another ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Servedaman Rathore, Advocate. For the Respondent : Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State. Bipin Chander Negi, Judge (oral) The present bail petition has been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The same arises out of FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan, Himachal Pradesh, for offences punishable under Sections 363, 366A, 354 and 376, 34 of the Indian Penal Code and Sections 6 and 17 of Protection of Children from Sexual Offences Act. 2. Heard learned counsel for the parties and perused the status report. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. Brief facts giving rise to the case at hand are that the FIR in question was registered on the complaint made by the victim. As per statement of the victim, her father had died. Her mother after her birth had left the victim and her other siblings. As per the victim, she has a brother and a sister. The brother of the victim, Pankaj lives in Kala Amb and her elder sister has been married and she after her marriage also lives in Kala Amb. 4. After the death of the father of the victim, she is stated to have been living with her paternal aunt. The paternal aunt is stated to be addicted to liquor drinking. On account of the wayward ways of her aunt, the victim had been turned out of her house two years ago. Thereafter, she had started residing with an aunt of hers, named Sheela, who is not related to her by blood. With the said aunt, she lived for two days. Subsequent thereto, the aforesaid lady with whom the victim was residing called her daughter-one Smt. Preeto Devi. The said Preeto Devi came along-with her husband (Ashok Kumar) and son (Ram Kumar) etc. As per the victim, she was got married to Ram Kumar. Thereafter, she was taken to Barvala in Haryana by Ram Kumar. With Ram Kumar, the victim is stated to have lived for two years. During the said two years, he indulged in wrongful acts with the victim. The father of Ram Kumar, it is alleged in the FIR had also indulged in wrongful acts with the victim. When the victim objected to the aforesaid acts of the father and son, i.e. Ashok Kumar and Ram Kumar, she was turned out of the house. 5. In the aforesaid backdrop, she decided to go to the Court at Panchkula. The victim boarded a bus. The Conductor dropped her at Mahila 3 Thana, Narayangarh. Mahila Thana, Narayangarh, on hearing woes of the victim, handed her over to the Child Welfare Committee, Narayangarh, where she stayed at Bal Ashrama for two months. Since she belonged to District Sirmaur, Himachal Pradesh, she was handed over to Child Welfare Committee, Nahan. The said Committee brought her to the Women Police Station, Nahan, wherein the present FIR was lodged on 14.12.2024, on the basis of the complaint made by the victim in the case at hand. 6. During investigation, it transpired that the lady with whom the victim was residing at the time of her marriage with Ram Kumar is named, Sheela. She is the mother of the present bail petitioner. Further, it has come in investigation that when the victim was 3-4 years old, the paternal aunt with whom the victim resided, had handed her to one Naresh Kumar who was a resident of Nepal. Sheela and the present bail petitioner were the neighbours of the said Naresh Kumar and that is how the victim knew Sheela. Thereafter, when the victim was 7-8 years old, as per investigation, the paternal aunt took custody of the victim from Naresh Kumar (Nepali citizen) to whom she had previously given the custody of the victim. It is thereafter on account of maltreatment meted out by the paternal aunt of the victim and on account of wayward ways of her paternal aunt that she had left the house of her paternal aunt. On being turned out, the victim had sought refuge with Sheela. Sheela had known the victim since long as Sheela was the neighbour of one Naresh Kumar with whom the victim had been forced to live by her paternal aunt. 4 7. From perusal of the status report, it is evident that the investigation, in the case at hand, is complete. Challan stands filed before the Court. No recovery has to be instituted from the bail petitioner. No purpose shall be served by keeping the petitioner in custody. 8. While deciding an application for bail, Court should refrain from evaluating or undertaking a detailed assessment of evidence, as the same is not a relevant consideration at the threshold stage. A Court may examine prima facie issues, including any reasonable grounds, whether the accused committed an offence or the severity of the offence itself, an extensive consideration of merits, which has the potential to prejudice either the case of the prosecution or the defence, is undesirable. 9. The marriage of the victim is alleged to have taken place in the house of Sheela. The marriage was solemnized inter se the victim and Sheela’s daughter's son, one Ram Kumar. No wrongful act has been attributed to the present bail petitioner. No act of sexual assault has been attributed to the present petitioner. 10. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 11. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar 5 facts and circumstances of each case. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty 12. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Sainvala, Mubarikpur, Post Office, Majra, Tehsil Paonta Sahib, District Sirmaur. In order to ensure his presence at trial, stringent condition can be imposed while granting bail. 13. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 14. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan, Himachal Pradesh, for offences punishable under Sections 363, 366A, 354 and 376, 34 of the Indian Penal Code and Sections 6 and 17 of Protection of Children from Sexual Offences Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (Rupees fifty thousand) with one local surety in the like 6 amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 15. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 16. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 7 17. The Registry is directed to forward a soft copy of the bail order to the Superintendent, M.C. Jail, Nahan, Sirmaur, through email, with a direction to enter the date of grant of bail in the e-prison software. 18. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, M.C. Jail, Nahan, Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent, M.C. Jail, Nahan, H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 19. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Superintendent, M.C. Jail, Nahan, H.P. and the learned trial Court by FASTER. 20. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. ( Bipin Chander Negi) June 30, 2025 (KS) Judge Digitally signed by VANDNA SHARMA DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=d3b84f3143a60e693f007f9c5e0fe88 152279f1d9f450a0255823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=3a417623218f5838c6af7 9de7dc1906f731266758b23a4f74fad98f002 2165e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: Date: 2025-06-30 18:34:40 VANDNA SHARMA