1  ( 2025:HHC:20527 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1355 of 2025 Reserved on:- 27.06.2025 Date of Decision: 30.06.2025 Sukhwinder @ Sonu …Applicant Versus State of H.P. & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person with Mr. Sudhir Thakur, Advocate, with Mr. Karun Negi, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. H.S. Rawat, Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. Varun Chandel, Additional Advocates General with Ms. Ranjna Patial and Mr. Rohit Sharma, Deputy Advocates General, for respondent No.1/State. Respondent No.2, in person with Mr. Praveen Chauhan, Advocate. Virender Singh, Judge Applicant-Sukhwinder @ Sonu, apprehending his arrest, arising out of FIR No.90 of 2025, dated 07.06.2025, registered under Sections 333, 64 & 351(2) of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the BNS), with 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:20527 ) Police Station, Kala Amb, Tehsil Nahan, District Sirmaur, H.P., has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS). 2. By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police of Police Station, Kala Amb, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR. 3. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 4. According to the applicant, the case registered against him is nothing, but bundle of lies at the instance of complainant(respondent No.2) and her son, who was guilty of causing beating to the applicant and his mother and regarding the said incident, FIR No.91 of 2025, dated 07.06.2025 has been registered. 5. It is the further case of the applicant that he and respondent No.2 are residing in the same village and are related to each other. After the death of husband of respondent No.2, she, along with her son, lived in the house of the applicant. In this regard, he has placed on record the 3  ( 2025:HHC:20527 ) printout of the photographs to show their relationship. However, according to the applicant, due to the political differences, their relations became strained and applicant and his mother were beaten by respondent No.2. As such, according to the applicant, the case registered against him is false and frivolous. 6. According to the applicant, he is law abiding citizen and except the present case, no other case has been registered against him. 7. On all these facts, Mr. Sudhir Thakur, Senior Advocate, assisted by Shri Karun Negi, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any directions given to the police under Section 482 of BNS. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. This Court, while issuing notices, on 16.06.2025, directed the respondent-State to file the status report. 10. In sequel thereto, the police has filed the status report, disclosing therein, that on 07.06.2025, respondent No.2 appeared before the police and moved the complaint, mentioning therein, that on 07.06.2025 at about 1:30 AM, 4  ( 2025:HHC:20527 ) Sonu (Jasvinder) (Applicant), forcefully entered in her house and raped her. She has made efforts to scream, but the applicant threatened her to kill and to strangulate her and told that in case, she discloses this fact to any body, he would kill her, as well as, her son. As such, a prayer has been made to take action against the applicant. 10.1. It is the further case of the police that the victim was medico legally examined. Thereafter, spot was visited and spot map was prepared. The statements of the victim and witnesses have been recorded, under Section 180 of BNSS. The physical evidence produced by the victim was also taken into possession. She was produced before the Court of learned Chief Judicial Magistrate, Nahan, District Sirmaur, H.P., where her statement under Section 183 of BNSS, was recorded. 10.2. After perusing the said status report, interim protection was given to the applicant and the matter was adjourned for 23.06.2025. On that day, respondent No.2, has put appearance and the police has filed the supplementary status report, disclosing therein, that the applicant had joined the investigation. He was medico legally examined on 5  ( 2025:HHC:20527 ) 17.06.2025. The physical evidence, so collected, was sent to SFSL, Junga. 10.3. In this case, respondent No.2 has also put appearance and filed the objections, in which she has given the reference with regard to the compromise, which had allegedly been arrived at between the parties and stated that she has no objection, if the, said application is allowed. 10.4. The applicant has joined the investigation and role attributed to the applicant, in the crime in question, would be proved, during the trial. 11. Moreover, the bail application cannot be rejected, as a matter of punishment, as, dismissal of the application would be nothing, but, remanding the applicant in police/judicial custody. 12. Considering the fact that the custodial interrogation of the applicant, has also not been sought by the police, in the status report, filed after joining of the investigation, by the applicant, this Court is of the view that the custodial interrogation of the applicant is not required in this case. 13. Moreover, the applicant is permanent resident of District Sirmaur, as such, it cannot be apprehended that in 6  ( 2025:HHC:20527 ) case, interim order is made absolute, he may not be available for the trial. 14. Considering the peculiar facts and circumstances of the case, according to which, the complainant, in her objections, has stated that she has no objection, if the, relief is given to the applicant and also stated with regard to the compromise, this Court is of the view that the applicant is able to make out a case in his favour. 15. Consequently, interim order, dated 16.06.2025 passed in the application, is made absolute and the applicant is ordered to be released on bail, arising out of FIR No.90 of 2025, dated 07.06.2025, registered under Sections 333, 64, & 351(2) of BNS, with Police Station Kala Amb, District Sirmaur, H.P., subject to his furnishing personal bond, in the sum of Rs.50,000/- with one surety, in the like amount to the satisfaction of the Investigating Officer. 16. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so and 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 applications; 7  ( 2025:HHC:20527 ) b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 17. Any of the observations, made hereinabove, 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. 18. It is made clear that the respondent-State is at liberty to move appropriate application, in case, any of the bail conditions is found violated by any of the applicant. (Virender Singh) Judge June 30, 2025 (subhash)