1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1079 of 2025 Date of Decision : 30.06.2025 Jai Pal …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Panku Chaudhary and Mr. Rakesh Chaudhary, Advocates. For the Respondent : Mr. Raj Kumar Negi, Additional Advocate General. 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.26 of 2024, dated 21.07.2024, registered at Women Police Station, Nahan, District Sirmaur, Himachal Pradesh, for offences punishable under Sections 376(2)(h), 376(2)(n) of the Indian Penal Code and Section 6 of the 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 complaint was made by the father of the victim. On 20.07.2024, the victim complained of a stomach ache. She was taken to the hospital, wherein she was found to be pregnant. The victim disclosed that she had became pregnant on account of acts of the bail petitioner. As per the victim, she had met with the bail petitioner in last February, 2024. 4. As per the medical report, the biological father of the child born was the bail petitioner. During investigation, it has come on record that the bail petitioner has two elder sisters who are married in the village of the victim. The bail petitioner used to visit the village of the victim on account of his elder sisters being married there. Besides the aforesaid, he used to take lands on lease for the purpose of agricultural operations in the village where the victim resides. 5. Investigation, in the case at hand, is complete. No recovery has to be instituted from the bail petitioner. No purpose shall be served by keeping the petitioner in custody. Trial stands commenced. In all, there are 27 witnesses, out of which, eight witnesses stand examined till date. The material witnesses, including the child victim stand examined and the father of the victim has also been examined. Now the matter is posted for recording of witnesses before the trial Court on 27 and 28.08.2025. The chances of conclusion of trial in near future are not so bright. 6. While deciding an application for bail, Court should refrain from evaluating or undertaking a detailed assessment of evidence, which has the 3 potential to prejudice either the case of the prosecution or the defence, is undesirable. 7. The consequences of pre-trial incarceration are grave. A person in incarceration 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. 8. From the status report, so filed, it is evident that the petitioner does not have criminal antecedents. There is no possibility of flight risk in the case at hand. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 9. 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 Kailash, Post Office Panjahal, Tehsil Nahan, District Sirmaur. In order to ensure his presence at trial, stringent condition can be imposed while granting bail. 10. 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. 11. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds 4 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.26 of 2024, dated 21.07.2024, registered at Women Police Station, Nahan, District Sirmaur, Himachal Pradesh, for offences punishable under Sections 376(2)(h), 376(2)(n) of the Indian Penal Code and Section 6 of the 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 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. 5 12. 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. 13. 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. 14. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, Nahan, Sirmaur, through email, with a direction to enter the date of grant of bail in the e-prison software. 15. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, Nahan, Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent, Model Central Jail, Nahan, Sirmaur, 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. 16. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail, Nahan, Sirmaur, H.P. and the learned trial Court by FASTER. 17. 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 6 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 18:35:52 VANDNA SHARMA