1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1477 of 2025 Date of Decision : 06.08.2025 Mohit Sharma @ Moti …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Anirudh Sharma and Mr. Pavinder, Advocates. For the Respondent : Mr. Manish Thakur, Deputy Advocate General. Bipin Chander Negi, Judge (oral) The present bail petition has been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The same arises out of FIR No.44 of 2023, dated 20.10.2023, registered at Women Police Station, Baddi, District Solan, Himachal Pradesh, for offences punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act. 2. Heard learned counsel for the parties and perused the status report. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. Brief facts giving rise to the case at hand are that on 20.10.2023, the maternal uncle of the victim, in the case at hand, had filed a complaint before Police Station, Baddi. In the same, it was informed that the victim, in the case at hand, is aged about 17 years old and she has been living with the complainant, i.e., maternal uncle, after having completed her matriculation. On 26.09.2023 at about 6:00 a.m., when all the family members were sleeping, the victim was found missing. All efforts to search her proved futile. The complainant suspected foul-play on the part of the present petitioner. In sequel to the present complaint, FIR No.44 of 2023 on 20.10.2023 was got registered under the relevant provisions of law. The bail petitioner was found at Kendriya Vidyalya Jhaniyara, Hamirpur and the victim was recovered from the residential house of one Ashwani Kumar at Brahmani, Post Office, Tehsil and District Hamirpur. The victim had disclosed herself to be pregnant and she has been found to be subjected to sexual intercourse by the present bail petitioner. 4. The bail petitioner was taken into custody on 12.02.2024. On conclusion of investigation, Challan was presented before the Court on 27.03.2024 and a supplementary Challan was presented on 21.08.2024. Subsequent thereto, charges were framed and the prosecution evidence commenced thereafter. In total, there are 24 witnesses, in the case at hand. Statements of 8 witnesses have been recorded. Now, the matter is listed for recording of remaining witnesses on 08.12.2025. 5. Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an 3 essential ingredient of “reasonable, fair and just” procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused. 6. In this respect, reference can be made to the decision of the Hon’ble Supreme Court in, Javed Gulam Nabi Shaikh v. State of Maharashtra, (2024) 9 SCC 813: 2024 SCC OnLine SC 1693; Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291: (2019) 4 SCC (Cri.) 184 : 2018 SCC onLine SC 478; Jagjeet Singh v. Ashish Mishra, (2022) 9 SCC 321: (2022) 3 SCC (Cri) 560: 2022 SCC OnLine SC 453. 7. While deciding an application for bail, Court should refrain from evaluating or undertaking a detailed assessment of evidence, which has the potential to prejudice either the case of the prosecution or the defence, is undesirable. 8. The consequences of pre-trial incarceration are grave. A person in incarceration is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 9. From the status report, so filed, it is evident that the petitioner does not have criminal antecedents. There is no possibility of flight risk in the case at hand. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 4 10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village and Post Office, Jabhola (Tamri), Tehsil Jhandutta, District Bilaspur, Himachal Pradesh. In order to ensure his presence at trial, stringent condition can be imposed while granting bail. 11. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 12. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.44 of 2023, dated 20.10.2023, registered at Women Police Station, Baddi, District Solan, Himachal Pradesh, for offences punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (Rupees fifty thousand) with one local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- 5 (i) Petitioner shall 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; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 14. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail Solan, Himachal Pradesh through email, with a direction to enter the date of grant of bail in the e-prison software. 6 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, District Jail Solan, Himachal Pradesh, is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 17. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail Solan, Himachal Pradesh and the learned trial Court by FASTER. 18. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. ( Bipin Chander Negi) August 6, 2025 (KS) Judge KAMLESH SHARMA Digitally signed by KAMLESH SHARMA Date: 2025.08.07 10:04:05 +0000