1  2025:HHC:20103 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1298 of 2025 Reserved on : 25.6.2025 Decided on: 27.6.2025 Anshul Kashyap …Applicant Versus State of H.P. …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Aashish Kumar, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. A.Gs. with Mr. Rohit Sharma, Deputy Advocate General, for respondent No. 1/State. Respondent No. 2 in person with Ms. Mamta K. Bhatwan, Advocate. Virender Singh, Judge Applicant Anshul Kashyap 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. 57 of 2024, dated 7.12.2024, under Section 65 of Bhartiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), and 2  2025:HHC:20103 Section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act”) registered with Police Station Jubbal, District Shimla, HP. 2. According to the applicant, he has falsely been 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 and the child victim has been examined. 4. All these facts have been pleaded to demonstrate that the applicant is no longer required by the Police, in this case and no useful purpose would be served by keeping him in judicial custody. 5. The applicant has tried his luck by moving similar bail applications before the learned Addl. Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, H.P., which were dismissed as withdrawn, on 24.2.2025 and 1.4.2025. 6. Another ground, upon which, bail has been sought, is that the Police could not collect any evidence to demonstrate the specific record, to prove the age of the child victim. 3  2025:HHC:20103 7. 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. Aashish Kumar, 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 7.12.2024 at about 5:20 p.m., father of the child victim appeared before the Police at Police Post, Saraswatinagar and informed that his minor daughter (child victim) is pregnant and due to pain in her stomach, he took her to hospital at place ‘X’, upon which, Incharge of P.P. Saraswatinagar, reached at Civil Hospital at place ‘X’, where the child victim was found admitted. Her parents were also present there. 10.1 After obtaining permission of the Medical Officer, statement of the father of the child victim was got recorded, wherein, he has disclosed that he is originally from Nepal, but from his childhood, he is residing in Himachal Pradesh. He has stated that he has studied upto 3rd standard and driver by profession. At present, he, alongwith his family members consisting of his wife, three daughters and one son, is stated to be residing in a rented accommodation, for the last eight years. 4  2025:HHC:20103 10.2 The child victim, who has been referred in the complaint as ‘ABC’, born on 15.2.2009, is stated to be studying in 10+1 class. 10.3 On 7.12.2024, in the evening, when the complainant reached back, then he noticed that the child victim was complaining of pain in her stomach. His wife has disclosed to him that the child victim has apprised her that their neighbour Anshul (applicant) has been making physical relations with her for the last one year and in the month of July, 2024, also, he has made physical relations with her, due to which, she is carrying 5-6 months pregnancy. 10.4 Thereafter, the child victim is stated to have been taken to Civil Hospital ‘X’. As such, a prayer has been made to take action, upon which, Police registered a case under Section 376 IPC and Sections 4 and 6 of the POCSO Act. Criminal machinery swung into motion. 10.5 During her admission in Civil Hospital ‘X’, the child victim had given birth to a dead fetus. The age of the fetus, as per the Medical Officer, is stated to be 24-26 weeks. The child victim was medico legally examined. Blood samples were collected on FTA card. 10.6 As per the MLC, the child victim also named Anshul (applicant) as accused and also got mentioned that the applicant 5  2025:HHC:20103 had made physical relations with her, in the month of October, 2024. Consequently, the applicant was arrested on 8.12.2024 at 3:15 p.m. He was also medico legally examined on 8.12.2024. 10.7 The spot map was visited. Physical evidence, so collected, was taken into possession. Statement of the child victim, under Section 180 of the BNSS was got recorded, in the presence of her mother. 10.8 On 13.12.2024, the child victim was produced before the Court of learned ACJM-1, Rohru, where her statement under Section 183 of BNSS was recorded. On 10.12.2024, physical evidence, i.e. dead fetus, FTA cards and other physical evidence, so collected, were sent to RFSL, Junga. As per the report of the SFSL, Junga, the applicant is found to be the biological father of the fetus. 10.9. During investigation, it has also been found that in the local Panchayat, no record with regard to birth of the child victim, has been found, whereas, in the school record, her date of birth, has been mentioned as 25.2.2009, whereas, date of birth of the applicant is found to be 14.4.2006. 10.10 During investigation, on the basis of the stand taken by the child victim, according to which, she was ravished by the accused, in the month of July, 2024, and at that time she was less than 16 years of age, Section 376 of IPC was deleted and 6  2025:HHC:20103 Section 65 of the BNS was added. Similarly, Section 4 of the POCSO Act was also deleted. 10.11 As per the status report, charge sheet against the applicant has been filed on 28.1.2025, which is pending in the Court of learned Fast Track Court (Rape & POCSO) Shimla. Charges are stated to have been framed and PWs are stated to have been examined. Now, the case is stated to be listed on 2.7.2025, for recording the statements of three PWs. 11. In this case, child victim has also been impleaded as respondent No. 2, who put appearance through her counsel. She has made statement that she does not want to file objections. 12. In this case, the applicant has moved Cr. M.P. No. 2560 of 2025 for producing the statement of the child victim, recorded on 16.5.2025. According to the applicant, said document is necessary for the adjudication of the present application. 13. For the reasons stated in the application, the same is allowed and the requisite document is ordered to be taken on record. 14. In this case, DNA report is against the applicant. Investigation, in the present case, is complete, and charge sheet has been filed, upon which, the competent Court of law, has taken cognizance. Charges have been framed and four PWs, including the child victim, are stated to have been examined. Therefore, 7  2025:HHC:20103 keeping in view the pace of the trial, this Court is of the view that chances of conclusion against the applicant, in near future, are not so bright. 15. The applicant has given his age as 19 years. Keeping in view the age of the applicant, this Court is of the view that if the applicant is ordered to be kept in judicial custody, during the pendency of the trial, that too in the company of hardened criminals, that would adversely affect his future. 16. So far as the objections, as highlighted by the learned counsel for the applicant, qua the fact that the child victim, in her cross-examination, has deposed that she had once said to the applicant that he and the child victim are of the same age group, and her deposition to the effect that she was having love affair with the applicant, would be considered by the learned trial Court, as it is the sole prerogative of the learned trial Court to consider the evidence, so adduced, by the prosecution. 17. 17. Considering the fact that the applicant is permanent resident of District Shimla and the child victim has already been examined and that the conclusion of trial will take sufficient long time, this Court is of the view that the applicant is entitled for relief of bail. 8  2025:HHC:20103 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 57 of 2024, dated 7.12.2024, registered under Sections 65 of BNS and Section 6 of POCSO Act, with Police Station, Jubbal, District Shimla, on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of the learned trial Court. 20. 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 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. 21. 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. 9  2025:HHC:20103 22. 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. 23. 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. 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 27th June, 2025 Kalpana Digitally signed by RAJNI Date: 2025.06.27 12:18:56 IST