1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1500 of 2025 Decided on : 9.7.2025 Dharmender Kumar …Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Applicant in person with Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. H.S. Rawat, Addl. A.G. and Mr. Rohit Sharma, Dy. A.G. Virender Singh, Judge Applicant Dharmender Kumar has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No.44 of 2025, dated 25.6.2025, registered under Sections 75, 351 (21) of Bharatiya 2 Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Section 10 of Protection of Children from Sexual Offences (hereinafter referred to as ‘the POCSO’) with Police Station, Pachhad, District Sirmour, 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. Relief, as claimed in the application, has been sought on the ground that applicant is working as Trained Graduate Teacher (Hindi), in Education department of the state of H.P., for the last 11 years. This fact has been demonstrated to show that the applicant is having un-blemished career. 4. It is the further case of the applicant that about 1 ½ months earlier, a few person, who are inimical towards him, because of land dispute, has succeeded in moving complaint against him, with 3 respect to the fact that the applicant allegedly had teased the girl students of the school. Thereafter, according to the applicant, the matter was taken up with the School Managemet Committee, in the presence of Principal and other teachers and the complaint was found to be lodged, due to inimical behaviour of the persons, who had personal grudges, against him. In this regard, the applicant has also relied upon the civil dispute, pending in the Court of learned Civil Judge, Rajgarh, District Sirmour, H.P. 5. Thereafter, the applicant has allegedly moved the application for his transfer from the said school. Consequently, he was transferred from GSSS ‘X’ to GHS ‘Y’. He has termed the FIR registered against him, to be false. 6 It has also been asserted by the applicant that he is a law abiding citizen and ready to abide by any condition to be imposed by this Court, in case, any 4 direction is issued to the I.O., under Section 482 of BNSS. 7. On the basis of above facts, Mr. Ajay Sharma, Senior Advocate, assisted by Mr. Atharv Sharma, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 8. On the basis of above, applicant has sought the relief, as claimed in the present bail application. 9. On 27.6.2025, the respondent-State was directed to file status report. The status report has been filed, disclosing therein that on 25.6.2025, ASI, SHO, alongwith other police officials, was on patrolling duty, as well as, the duty to detect the crime, relating to excise and was present at Narag, where, he received a telephonic information that some teacher of GSSS ‘X’ has teased the girl students and number of persons had gathered there, upon which, ASI, alongwith other police 5 officials reached at the school, where, the child victim, in the presence of her mother, moved a complaint, disclosing therein that she is studying in school ‘X’, and resident of the address, mentioned in her statement. She has given her date of birth as 23.10.2008. According to her, when, she was studying in class 10+1, then, in the month of September-October, she, alongwith three other girls students, went to DIET Nahan, in the vehicle of the applicant, who used to teach them Hindi to visit the exhibition. 10.1 After visiting the exhibition, when, they were coming back in the vehicle of the applicant, then, at about 8:00 p.m., two girl students alighted down and two girls remained in the vehicle. When, the child victim, after alighting down from the car, was on her way to her home, then, the applicant, all of a sudden, made a bad touch to the child victim. The child victim had given a push to his hand and went to her house. However, she 6 has not disclosed this fact to her father or any other person, due to fear. 10.2 On the next date, when, the child victim had attended the school, there was birthday of one student. Thereafter, the applicant had called her and given a toffee to the child victim, however, she has given the same to some one else. 10.3 Child victim-1 has disclosed about this incident to another girl, about one month later. The said girl disclosed this incident to their teacher, namely, Neelam, upon which, their teacher Neelam disclosed that the applicant has also teased other girl students. Then, the child victim came to know that the applicant has done the similar act with other girls, mentioned in the status report as V(6), V(7), V(8), V(5) and V(2). Said Neelam had apprised to the girl students that Principal is on leave, and when, he will join the school, then he will be apprised of this fact. 7 10.4 On 13.5.2025, the Principal joined the school and all the girls, alongwith their parents and Pradhan of the School Management Committee, discussed the matter. In the presence of above persons, the applicant had begged for pardon, and the matter has been compromised. 10.5 According to the child victim, after few days, the applicant was transferred from there, and due to this fact, neither she nor other victims reported the matter to the Police. 10.6 The applicant is stated to be her co-villager and according to her, he did not desist from his activities. He is stated to have threatened her mother by saying that he was not at fault and injustice has been done with him, hence, he would see them. 10.7 On the basis of above facts that the applicant had given a bad touch to the students, action was sought to be taken against him. Hence, the Police registered FIR in question, against the applicant. 8 10.8 On 26.6.2025, the spot was visited in the presence of the child victim. The child victim had made statement under Section 180 of BNSS. Proceedings were photographed and video-graphed. 11. On the basis of above, interim protection was given to the applicant and matter has been adjourned for 4.7.2025. 12. On 4.7.2025, the Police filed the supplementary status report, disclosing therein that on 28.6.2025, the child victim, who has been referred in the status report as V1, alongwith other girl students, i.e. V(2), V(5), V(6), V(7) and V(8) were produced before the learned JMFC, Rajgarh, District Sirmour, H.P., where their statements under Section 183 of BNSS were recorded. As per their statements, recorded before the learned JMFC, Rajgarh, all of them had denied the allegations, levelled against the applicant, in the complaint. It is also the case of the police that 9 allegations, levelled against the applicant, in the complaint, were not proved. 13. However, according to the further stand of the Police, on 30.6.2025, the child victim, referred to as V(1), alongwith other victims, i.e. V(2) to V(8) were counselled by the the Child Welfare Committee, Sirmour. Thereafter, the matter has been adjourned for today. 14. Today, the status report has been filed, disclosing therein that statement of V(4) was to be recorded under Section 180 of BNSS, however, her mother had recorded in her statement that her daughter neither made any complaint nor any such incident had taken place and refused to record her statement under Section 180 of BNSS. 15. Similarly, V(3), in her statement, recorded under Section 180 of BNSS, in the presence of her grand mother, recorded that neither she has made any complaint against the applicant nor she has any grudge, against him. 10 16. Lastly, it has been pleaded that in the inquiry, the applicant has denied the allegations, levelled against him, and the allegations, according to the status report, have not been proved, from the statements of the girl students. 17. On the basis of above facts, a prayer has been made to dismiss the application. 18. Heard. 19. Keeping in view the stand, as taken by the Police in the status report, according to which, all the victims have not supported the case, as alleged in the complaint, and when, they were produced before the learned JMFC, Rajgarh, District Sirmour, H.P., for recording their statements, under Section 183 of BNSS, they have denied the allegations, which were levelled against the applicant. In such situation, the applicant is able to make out a case for issuing directions under Section 482 of BNSS. 11 20. Considering all these facts, the interim order dated 27.6.2025, 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. 44 of 2025, dated 25.6.2025, registered with Police Station, Pachhad, District Sirmour, H.P., under Sections 75, 351(2) of the BNS and Section 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. 12 21. 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. 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. (Virender Singh) Judge July 9, 2025 Kalpana