1 2025:HHC:16072 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1112 of 2025 Decided on : 22.5.2025 Decided on: 27.5.2025 Manoj Negi @ Monu …Applicant Versus State of H.P.& anr. …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Ajay Kochhar, Senior Advocate with Mr. Anubhav Chopra, Advocate. For the Respondent : Mr. Tejasvi Sharma, Addl. A.G. with Ms. Ranjna Patial, Dy. A.G., for the respondent- State, for respondent No. 1. Respondent No. 2 in person. Virender Singh, Judge Applicant Manoj Negi @ Monu has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) seeking his release on bail, during the pendency of trial, arising out of case FIR No. 62 of 2024, 2 2025:HHC:16072 dated 16.9.2024, under Sections 64(1), 333, 351 (3), 238 of Bharatiya Nyaya Sanhita 2023 and Section 4 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO”) registered with Police Station East, District Shimla, HP. 2. According to the applicant, he has been falsely implicated in the present case, as he is an innocent person and has nothing to do with the case. 3. The applicant has further pleaded that the investigation in the present case is complete and the Police has filed charge sheet, under Section 193 of BNSS, before the competent Court of law and the Court has taken cognizance and charges have been framed. Out of total 21 witnesses, three witnesses are stated to have been examined and the matter is stated to have been fixed for 29.5.2025. 4. According to the applicant, the child victim, during her cross-examination, has resiled from her statement given to the Police and has been declared hostile by the learned trial Court, on the request of the learned Public Prosecutor. 3 2025:HHC:16072 5. It is the further case of the applicant that as per the version given by the child victim, before the learned trial Court, her actual date of birth was not 4.10.2005, as, her parents have got recorded her date of birth to get her admission in the school. All these facts have been pleaded by the applicant to show that he has falsely been implicated in this case. 8. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 9. On all these submissions, Mr. Ajay Kochhar, learned Senior Advocate assisted by Mr. Anubhav Chopra, Advocate, has prayed that the bail application may kindly be allowed. 10. When, put to notice, Police has filed the status report, disclosing therein that on 16.9.2024, complainant moved a complaint, before the Police, disclosing therein that the child victim, who is niece of the complainant is residing at a place ‘Y’ alone and on 16.9.2024, elder sister of the complainant telephonically informed her that her younger sister is residing at a place ‘X’ in Shimla and informed her 4 2025:HHC:16072 that Manoj Negi @ Monu, who is her neighbour entered in bathroom through window, at 4:00 a.m. and raped her younger sister and also made her video. In addition to this, said Manu (applicant) threatened her to kill her, upon which, the complainant, as per her version, started for the place ‘X’ and on the way, her elder niece telephonically informed that the child victim, who has been raped, had gone to Matiana, alongwith her friend. 10.1 After sometime, the child victim, alongwith her friend met the complainant at Mehli, who disclosed all the facts to the complainant. 10.2 Thereafter, the complainant inquired from the child victim as to whether applicant had shoot her nude video, to which the child victim replied in negative. Thereafter, the complainant requested the Police that action be taken against the applicant, upon which, case was registered under Section 64(1), 333, 351 (3) of BNS and Section 4 of POCSO Act. The child victim was medico-legally examined in DDU, Hospital, Shimla. Thereafter, the spot was visited by the Police, at the instance of child victim and spot map was prepared. Physical evidence, so collected, from the 5 2025:HHC:16072 spot, was taken into possession. On the same day, the accused was arrested and he was also medico legally examined. 10.3 On 17.9.2024, the child victim was produced before the Court of learned JMFC, Court No. VI, Shimla, where her statement under Section 183 BNSS was recorded. 10.4 On 17.9.2024, the team of SFSL also visited the spot and collected the physical evidence from there. The child victim also produced the silver ring given by the applicant to the child victim, which was also taken into possession. 10.5 On 18.9.2024, the record pertaining to date of birth of the child victim was also obtained from her school and her date of birth was found to be 4.10.2007. Mobile phone of the applicant was also taken into possession and when, it was found that the alleged video was deleted, then, Section 238 of BNS was also added, in this case. 10.6 After completion of investigation, Challan was filed on 12.11.2024 and supplementary challan was filed on 8.1.2025 and the case is now stated to be listed on 29.5.2025. 6 2025:HHC:16072 10.7 As such, a prayer has been made to dismiss the application. 11. In this case, the applicant has sought the relief of bail on the ground that the child victim, when, appeared before the Police, turned hostile. Testimony of the hostile witness does not efface from the record and it is the sole prerogative of the learned trial Court to consider the evidence, even of hostile witness, alongwith the other evidence adduced by the prosecution. As such, prerogative of the learned trial Court cannot be snatched away by this Court, in these proceedings, by relying upon the statement of the child victim made before the learned trial Court. 12. However, considering the fact that the applicant is in judicial custody from 19.9.2024 and as per the stand taken by the applicant, out of 21 witnesses, only three witnesses have been examined by the prosecution till date, the chances of conclusion of trial against the applicant, in near future, are not so bright, and no useful purpose would be served by keeping the applicant in judicial custody. 7 2025:HHC:16072 13. Apart from the present case, no other case is stated to have been registered against the applicant, as such, presumption of innocence is still available to the applicant. 14. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial and pre-trial punishment, is prohibited under the law. 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 62 of 2024, dated 16.9.2024, registered under Sections 64(1), 333, 351 (3), 238 of BNS and 4 of POCSO Act, with Police Station, Shimla East, District Shimla, on his furnishing personal bond in the sum of Rs. 1,00,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court. 17. This order, however, shall be subject to the following conditions:- a) Applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason 8 2025:HHC:16072 to do so, seek exemption from appearance by filing the appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 18. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application. 19. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu, Shimla, HP, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kaithu, Shimla, HP is directed to inform this fact to the Secretary, DLSA, Shimla. 9 2025:HHC:16072 The Superintendent of the District Jail, Kaithu, Shimla, HP is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge May 27,2025 Kalpana Digitally signed by RAJNI Date: 2025.05.27 14:01:45 IST