1 2025:HHC:24189 2025:HHC:24189 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1463 of 2025 Reserved on : 18.7.2025 Decided on : 25.7.2025 Vijay Kumar …Applicant Versus State of H.P. & anr. …Respondents ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Applicant in person with Mr. Sanjeev Klumar Suri, Advocate. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General and Mr. Rohit Sharma, Dy. A.G., for respondent No. 1. Mr. Paras Dhaulta, Advocate, for respondent No. 2. Virender Singh, Judge Applicant Vijay Kumar has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) 2 2025:HHC:24189 in case FIR No. 124 of 2025, dated 16.6.2025, registered under Sections 75(1)(i), 115(2), 351(2), 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 8 and 10 of Protection of Children from Sexual Offences (hereinafter referred to as ‘the POCSO Act’), with Police Station, Nurpur, District Kangra, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is elected Pradhan of Gram Panchayat, ‘X’, and has falsely been implicated in this case. 4. Applicant is apprehending his arrest in the said case, as he came to know about the registration of the case from social media. 5. According to the further case of the applicant, daughter of the complainant came to the house of the 3 2025:HHC:24189 applicant and requested his wife to have their share and allow them to sell the liquor, upon which, a scuffle between the wife of the applicant and the child victim, had taken place. On the basis of this incident, the alleged political opponents of the applicant have got lodged the FIR against the applicant. 6. On the basis of above facts, the applicant has also pleaded that he is ready to abide by any conditions, to be imposed by this Court, in case, any directions are issued to the I.O./Police, of Police Station, Nurpur, District Kangra, H.P., under Section 482 of the BNSS. 7. Consequently, it has been prayed by Mr. Sanjeev K. Suri, Advocate, appearing for the applicant that the bail application may kindly be allowed by granting the relief to the applicant, as prayed for. 8. While issuing notice, the applicant has been granted interim protection by this Court, vide order dated 24.6.2025. When, put to notice, the Police filed the status report, disclosing therein that on 16.6.2025, an 4 2025:HHC:24189 information has been received that the child victim has been teased by Vijay Kumar, Pradhan of Gram Panchayat, ‘X’ (applicant), upon which, ASI Dinesh Kumar, alongwith L.C. Surekha and HHG Sham Lal, reached at the spot, where, complainant, alongwith her family members, was found present, who had moved complaint, disclosing therein, that she is resident of the address, as mentioned in the complaint and is blessed with three children. The elder daughter has been referred in the complaint, as ‘IU’, younger to her, is the child victim and son is referred to as ‘MN’. She has further got recorded, in the statement, that on 14.6.2025, the child victim had gone to the house of the Pradhan (applicant), to get the application prepared for grant of land to the landless persons. 8.1 It has been got recorded by the complainant that at about 6:00 p.m., when, the child victim came back to her house, she disclosed to her that the applicant was all alone in his house, and on reaching 5 2025:HHC:24189 there, the child victim demanded water from him, upon which, the applicant told her to get the water bottle from the refrigerator. When, the child victim had put the bottle in the refrigerator, then, the applicant dragged her from her hands and pushed her on the bed and tried to molest her. When, the child victim screamed, the applicant gagged her mouth. In the meantime, wife of the applicant came there, caught hold the child victim from hair and slapped her and tried to strangulate her, upon which, the child victim asked her as to why she was beating her and requested her to inquire from the applicant as to what he was doing. The applicant remained silent and his wife slapped him and directed the child victim to go to her house. 8.2 It is the further case of the complainant that the child victim was threatened by the applicant and his wife and directed her not to disclose this fact to anyone, otherwise, they will harm her and her family members. 6 2025:HHC:24189 8.3 It is the further case of the Police that the child victim is afraid of the applicant and his wife, as they may cause harm to her and her family members. As such, a request has been made to take action against, both of them, upon which, Police registered FIR under Sections 75(1)(i), 115(2), 351(2) and 3(5) of BNS and Section 8 of the POCSO Act. 8.4 The child victim was medico-legally examined, at Civil Hospital, Nurpur. Thereafter, her statement was recorded, under Section 180 of the BNSS. The child victim was thereafter, taken to Chairman, Child Welfare Committee, Cheelgadi, Dharamshala, for counseling. As per order dated 17.6.2025, she was ordered to be kept in Open Shelter Home, Sakoh. On 20.6.2025, the child victim was produced before the learned Addl. Chief Judicial Magistrate, Nurpur, District Kangra, H.P., where, her statement was recorded under Section 183 of BNSS. Spot map was prepared and statements of witnesses were recorded. Birth certificate of the child 7 2025:HHC:24189 victim was obtained, according to which, her date of birth was found to be 28.3.2010. Since, the applicant was found to be the Pradhan of Gram Panchayat ‘X’, as such, Section 10 of the POCSO was added, in this case. 8.5 On the basis of above facts, interim protection was granted to the applicant, and the matter was adjourned for 1.7.2025. 8.6 On 1.7.2025, the Police filed the supplementary status report. 8.7 On 8.7.2025, the applicant has moved Cr. M.P. No. 2842 of 2025, which was considered and allowed by this Court. By way of the said application, certificate dated 7.5.2025, issued by the Gram Panchayat, alongwith report of Lambardar, has been placed on record. As per this document, Pradhan of Gram Panchayat, ‘X’ had issued the certificate, disclosing therein, that the person named in the application is landless and recommended that the land, which has to be given to the landless persons, be given 8 2025:HHC:24189 to him also. The said report has also been endorsed by the Lambardar of the village. Apart from the above document, report of Patwari has also been annexed, in which, the Patwari has mentioned that the spot was visited by the revenue officials, on the basis of the application, which was duly recommended by the Pradhan, Gram Panchayat ‘X’ and Lambardar of the village. 8.8 Apart from this, copy of the notice, issued under the signatures of applicant, has also been placed on record. As per contents of the notice, the Nepali nationals, residing in the area, were warned not to deal in illegal liquor business, otherwise, action will be taken against them. 8.9 The Police also filed the fresh status report on 8.7.2025, disclosing therein, that the applicant has joined the investigation, however, he has yet to be arrested. 9 2025:HHC:24189 8.10 In the status report, filed on 15.7.2025, a stand has been taken, which is contrary to the stand, as taken, by the Police, in the status report, filed on 8.7.2025, as in the status report filed on 8.7.2025, it has been mentioned that the applicant has joined the investigation, whereas, in the status report, filed on 15.7.2025, a stand has been taken that the applicant has not joined the investigation. 8.11 Apart from this, in the status report filed on 15.7.2025, it has been mentioned that during investigation, it has been found that the applicant, being Pradhan of Gram Panchayat ‘X’, has prepared the report, dated 7.5.2025, on the application of the complainant, and the same was handed over to her, upon which, the officials of Revenue Department, visited the spot, on 3.6.2025, and all the relevant documents were handed over to the complainant, on 10.6.2025. 8.12 It is the further case of the Police that the complainant had sent the child victim to the applicant to 10 2025:HHC:24189 hand over the revenue papers of the land to Pradhan (applicant), so that resolution of the Panchayat, regarding No Objection Certificate, could be provided to them. 8.13 It is the further case of the Police that a complaint was moved on 1.6.2025 by Mahila Mandal, Kayla to the Pradhan/Secretary of Gram Panchayat ‘X’, regarding trade of illicit liquor by the Nepali nationals, in the area. The same has been received by the Pradhan (applicant) on 2.6.2025, and the same was sent to Mahila Mandal, Kayla, on 3.6.2025, for information, and on 4.6.2025, the applicant has issued notice by giving warning to the Nepali nationals. 8.14 Apart from this, a photo copy of the counseling report has also been placed on record, according to which, due to alleged crime, the child victim is frightened and as such, she has discontinued her studies. 11 2025:HHC:24189 8.15 It has also been mentioned in the status report that the child victim is living in fear psychosis. As such, it has been opined by the Counselor that she be kept in Open Shelter Home, where she can study and remain safe. 8.16. All these facts have been highlighted to demonstrate that in case, the interim order is made absolute, then, the same will cause adverse impact on the child victim, who is already frightened. 9. On the basis of above facts, a prayer has been made to dismiss the application. 10. At the time of deciding the bail application, detailed discussions about the merits and de-merits of the case should be avoided, as, the same would cause prejudice to the case of the prosecution, as well as, to the case of the accused. 11. A specific stand has been taken by the applicant, that the recommendations of the prayer of the complainant-party to allot the land, being landless, on 12 2025:HHC:24189 7.5.2025, has not been made and it has not been disputed by the Police that revenue officials have visited the spot on 3.7.2025, and on the complaint of Mahila Mandal, Koyla, notice to the Nepali nationals of the area to desist from dealing in the illicit liquor, has been issued. Thus, the arguments of the learned counsel for the applicant hold water as possibility of lodging the FIR at the instance of political opponents of applicant, cannot be ruled out completely. 12. In such situation, considering the fact that the applicant has joined the investigation and his custodial interrogation has not been prayed for, nor the Police is able to make out a case for custodial interrogation, this Court is of the view that interim order dated 24.6.2025 is liable to be made absolute, as the accused is presumed to be innocent, till proven guilty. 13. Moreover, the bail application cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited, under the law. 13 2025:HHC:24189 14. Although, the applicant has moved the application for anticipatory bail, but, dismissal of the application would result into his custody, which would be nothing, but a pre-trial punishment. 15 The applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, the application is allowed, he may not be available for trial. 16. So far as the apprehensions, which have been expressed by the Police, in the status report, on the basis of report of Counselor, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is released on bail. 17. Considering all these facts, the interim order dated 24.6.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 124 of 2025, dated 16.6.2025, registered with Police Station, Nurpur, District Kangra, under Sections 75(1)(i), 14 2025:HHC:24189 115(2), 351(2), 3(5) of the BNS and Sections 8 and 10 of POCSO Act, on his furnishing personal bond, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions : a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; 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) That 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. 18. 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 applications. 19. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, 15 2025:HHC:24189 any of the bail conditions, is found violated by the applicant. (Virender Singh) Judge July 25, 2025 Kalpana