Extracted from the PDF above. The PDF is authoritative.
2025:HHC:25580 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) No. : 1406 of 2025 Reserved on : 08.07.2025 Decided on : 31.07.2025 Manoj Kumar
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. George, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General. Virender Singh, Judge. ApplicantManoj Kumar has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.35 of 2023, dated 4th May, 2023, registered under Sections 376, 354 (1)(i), 354 A(1)(iv), 354D(1)(ii) of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 6 and 12 of the Prevention of Children from Sexual Offences Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:25580 (hereinafter referred to as ‘POCSO Act’), with Police Station Tissa, District Chamba, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case. 3. It is the further case of the applicant that he has been named and arrested at the behest of family members of the child victim. 4. As per the applicant, the child victim has changed her statement at different stages of investigation. The said statements, are stated to have been made at the instance of the mother of the child victim. 5. The applicant has also pleaded that the police could not collect the evidence, connecting him with the crime, for which, he has been arrested, in this case. 6. The applicant is stated to be in the judicial custody for more than two years and the prosecution, out of total 30 witnesses, could have examined only 16 witnesses, till date. 3 2025:HHC:25580
7. All these facts have been highlighted to show that the chances of conclusion of trial against the applicant, in near future, are not so bright, as such, he cannot be kept in the judicial custody that too, for indefinite period. 8. The applicant has also tried his luck by moving the bail application, before the Court of learned Sessions Judge, Chamba, however, his application was dismissed, vide order, dated 8th June, 2023.
Thereafter, the applicant has moved CrMPs (M) No.1483 of 2023, and 2215 of 2023, before this Court, however, those applications have been dismissed as withdrawn. Thereafter, the applicant has filed Cr.MP(M) No.2874 of 2023 and Cr.MP(M) No.776 of 2024, which were dismissed on 14.12.2023 and 30.04.2024, respectively. 9. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 4 2025:HHC:25580
10. The application has been filed on the ground of change in circumstances, as according to the learned counsel for the applicant, despite his long custody, the prosecution could not conclude the prosecution evidence against the applicant, in this case. 11. On the basis of the factual position, as mentioned in the application, a prayer has been made to release the applicant on bail, during the pendency of the trial. 12. When put to notice, the police has filed the status report, disclosing therein, that on 4th May, 2023, the child victim has made statement to the police, mentioning therein, that she is a student of 12th class in Government Senior Secondary School ‘X’ (name withheld). In the year 2022, she was in Class 10th. Due to lockdown, on account of COVID19 pandemic, all the teachers used to take online classes. The child victim was not having the phone, but, she used to attend the online classes on the mobile phone of her mother. 5 2025:HHC:25580
12.1. As per the child victim, applicantManoj Kumar, who is stated to be the Drawing Teacher, also used to take online classes from his mobile phone No. 8278754185. Whenever, the child victim used to put her photographs on the whatsApp status, applicant Manoj Kumar used to reply the same by commenting ‘so beautiful’, ‘so cute’, etc.
The applicant also used to ask her to chat, but, the child victim had refused. However, due to his pressure, the child victim used to chat with the applicant. The applicant used to direct her to delete the chat, so that, the same fact could not come into the knowledge of her parents. 12.2. According to the child victim, in the year 2021, when, the regular classes started, then, also, whenever the child victim used to put her photograph on the whats app status, the applicant used to reply by sending obscene messages. 12.3. It has also been mentioned in the complaint that about onetwo months prior to filing of the complaint by the child victim, whenever the child victim
6 2025:HHC:25580 used to reach home after the school, the applicant used to call her. 12.4. Lastly, as per the statement of the child victim, applicant also used to touch her on her shoulders and arms. Except this, according to the child victim, nothing has been done by the applicant. She has stated that due to the fear of the applicant, she has not disclosed these facts to her parents, but, when her mother read the whats app messages forwarded by the applicant, then, her parents came to know about this
facts. 12.5. On the basis of the above facts, a prayer has been made to the police, to take action, upon which, the police has registered the FIR and the criminal machinery swung into motion. 13. During investigation, the birth certificate of the child victim was obtained from her school, according to which, her date of birth was found to be 8th May,
2007. Thereafter, copies of the birth certificate and pariwar register were obtained from the Panchayat. 7 2025:HHC:25580
14. On 8th May, 2023, the statement of the child victim, under Section 164 CrPC, was got recorded. In the said statement, the child victim has levelled the allegation of rape, against the applicant, according to which, she has been raped by the applicant on twothree occasions and the applicant has lastly raped her on 21st April, 2023, on the basis of which, Section 376 IPC and Section 6 of the POCSO Act were added, in this case. 15. During investigation, on 8th May, 2023, the child victim was medicolegally examined. The child victim, on 9th May, 2023, has identified the place, where, on the intervening night of 21st April, 2023, at about 10.0010.30 p.m., in the empty water tank, the applicant had raped her twothree times. 16. As per the status report, the applicant was arrested on 9th May, 2023. He was also medicolegally examined. His mobile phone was taken into possession. As per the call details obtained, it was found that the applicant and the child victim used to talk with each other. 8 2025:HHC:25580
17. After completion of the investigation, the police has submitted the report, under Section 173 (2) CrPC. In the present case, total 32 witnesses have been cited by the prosecution, out of which, 11 have been examined and three have been given up. The case is now stated to have been fixed for PWs on 19th July, 2025, for recording the statements of six PWs, at Serial Nos.11, 14, 21, 23, 24, and 26. 18. The prayer, so made in the application, has been opposed on the ground that the applicant had committed a heinous offence and has tarnished the pious relationship of a teacher and student, as such, there is a lot of resentment in the society. 19.
It has also been apprehended in the status report that, in case, the applicant is released on bail, he may coerce the witnesses and may pressurize them to depose in his favour. 20. On the basis of the above facts, a prayer has been made to dismiss the bail application. 9 2025:HHC:25580
21. The effect of making different statements at different stages of the case would be considered by the learned trial Court. 22. Considering the fact that the applicant is in judicial custody since 09.05.2023, and despite his long custody of about 26 months, the prosecution could only examine 11 witnesses, out of 32 witnesses. Meaning thereby, the chances of conclusion of trial against the applicant, in near future, are not so bright. Hence, the applicant cannot be kept in judicial custody for indefinite period. 23. Another material fact, which has rightly been highlighted by the learned counsel for the applicant is that the statement of the prosecutrix has already been recorded, as, in para 5 of the reply, a stand has been taken that her statement has been recorded on oath, before the learned trial Court. 24. Except the present case, no other case has been found to be registered against the applicant. 10 2025:HHC:25580
25. The application cannot be rejected as a matter of punishment as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. Accused is presumed to be innocent unless proven guilty by the competent Court of law. 26. The application has been filed in the changed circumstances, as, the applicant’s earlier applications were dismissed by this Court. Changed circumstances, in this case, are writ large, as despite opportunities given to the prosecution, only 11 witnesses have been examined so far. As such, it can be said that there is change in the circumstances. 27.
The applicant is permanent resident of District Chamba, hence, it cannot be apprehended that in case the applicant is released on bail, he may not be available for trial. 28. So far as the apprehensions, which have been expressed by the prosecution, in this case, for those apprehensions, reasonable conditions can be imposed. 29. Considering all these facts, this Court is of the view that the application is liable to be allowed and
11 2025:HHC:25580 is accordingly allowed. The applicant is ordered to be released on bail, in case FIR No.35 of 2023, dated 4th May, 2023, registered under Sections 376, 354 (1)(i), 354 A(1) (iv), 354D(1)(ii) of the IPC and Sections 6 and 12 of the POCSO Act, with Police Station Tissa, District Chamba, H.P., on his furnishing personal bond in the sum of Rs.50,000/, with one surety in the like amount, to the satisfaction of learned trial Court. 30. This order of release, however, shall be subject to the following conditions:
“a) The 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 appropriate application;
b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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 Office; and d) The applicant shall not leave the territory of India without the prior permission of the Court.”
31. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of
12 2025:HHC:25580 the case as these observations are confined only to the disposal of the present application. 32.
It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 33. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Chamba through email, with a direction to enter the date of grant of bail in the eprison software. 34. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, District Jail, Chamba, is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent Jail, District Jail, Chamba, 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 July 31, 2025(ps)
Digitally signed by VIKRANT CHANDEL Date: 2025.07.31 18:26:29 IST