1. ( 2025:HHC:24306 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1624 of 2025 Reserved on:- 18.07.2025 Date of Decision: 25.07.2025 Baby Rani @ Bebi Rani @ Baby Khan …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 : Mr. Sunny Rawat, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General, assisted by SI Bir Singh, Police Station, Kandaghat, District Solan, H.P. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Baby Rani has sought her release, on bail, during the pendency of the trial, arising out of case, FIR No.56 of 2025, dated 08.05.2025, registered under Sections 196(2), 197(2), 353(2) & 152 of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Kandaghat, District Solan, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:24306 ) 2. According to the applicant, she is permanent resident of the address, as mentioned, in the application and has falsely been implicated, in this case. 3. According to her, investigation, in the present case, is stated to have been completed and nothing is to be recovered from her or at her instance. 4. The applicant had earlier tried her luck by moving similar application, before the Court of learned Additional Sessions Judge-I, Solan, District Solan, Himachal Pradesh. However, the same was dismissed, vide order dated 15.05.2025. 5. Thereafter, she had filed similar application, bearing Cr.MP(M) No.1283 of 2025, before this Court, which was also dismissed as withdrawn on 17.06.2025. 6. According to her, charge sheet, in the present case, has been filed and she has no previous criminal history. The applicant has further asserted that she is in judicial custody, in this case, from 09.05.2025 and trial of the case will take sufficient long time, as such, no useful purpose would be served by keeping her in judicial custody. 7. On the basis of the above facts, Mr. Sunny Rawat, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is 3. ( 2025:HHC:24306 ) ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the bail application. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 08.05.2025, complainant Bhisham Sharma, moved a complaint, before the police mentioning therein, the following facts:- “Regarding posting of Pakistan’s favouring Slogans. Sir, With due respect, we the youth of Kandaghat want to bring in your kind notice that Baby Khan, running stiching business in Kandaghat is continuously posting in favour of Pakistan army and disrespecting Indian Army in her posts. We want that strict action should be taken against her as her Post is demotivating Indian Army and common people of India. She is continuously indulged in such type of activities and her son is also arrested several times in case of drug peddling. We request you that you will take strict action against her.” 9.1. On the basis of the above facts, the police has registered the FIR, in question and criminal machinery swung into motion. On 08.05.2025, applicant-Baby Khan was associated, in the investigation and on inquiry, she has disclosed that from 07.05.2025 to 08.05.2025, she herself from her mobile phone, uploaded the video and also shared other video post, on the face- 4. ( 2025:HHC:24306 ) book ID of Baby Khan, in favour of Pakistan and also shared the videos showing the Indian Flag in a derogatory manner. 9.2. Thereafter, the mobile phone of the applicant was checked and it was found that the video post, which was shared on the face book ID, were shared by her. Hence, the mobile phone was taken into possession. She was bound down under Section 35(3) of BNSS and on 09.05.2025, the statement of the complainant and other persons were recorded. The videos, so shared by the applicant, on her face book account, Baby Khan, were found to be affecting the unity and sovereignty of the Country, as such, Section 152 BNS was added. 9.3. Thereafter, she was arrested on 09.05.2025, she was medico legally examined. Thereafter, she was produced before the Court of learned Additional Chief Judicial Magistrate, Kandaghat, from where, she was remanded to judicial custody. 9.4. It is the further case of the police that the mobile phone of the applicant and data with regard to the videos shared by the applicant, were sent to SFSL, Junga, from where, the result is still awaited. However, after completion of the investigation, police has filed the charge sheet, against the applicant in the Court of learned Judicial Magistrate First Class, Kandaghat, on 5. ( 2025:HHC:24306 ) 04.07.2025, which, is now listed on 01.08.2025 for supplying the copies of the charge sheet to the applicant. 9.5. On the basis of the above facts, learned Additional Advocate General, has highlighted that the act of the applicant, as mentioned, in the status report is in violation to the unity and sovereignty of the Country. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. The charge sheet, in the present case, has been filed and from that fact, it can be held that the custodial interrogation of the applicant is no longer required by the police. 12. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 13. Considering the fact that presently, the applicant is in judicial custody, this Court is of the view that dismissal of the application would be nothing, but, pre-trial punishment, which is prohibited under the law. 14. Even otherwise, the legislature in its wisdom has given a window in favour of applicant being woman, regarding the matters of bail. 6. ( 2025:HHC:24306 ) 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail, in case FIR No.56 of 2025, dated 08.05.2025, registered under Sections 196(2), 197(2), 353(2) and 152 of BNS with Police Station, Kandaghat, District Solan, H.P., on her furnishing personal bond in the sum of Rs.50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 17. This order, 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 the 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 Officer; and d) The applicant shall not leave the territory of India without the prior permission of the Court. 18. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, 7. ( 2025:HHC:24306 ) as these observations are confined, only to the disposal of the present bail application. 19. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Solan, District Solan, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Solan, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan, District Solan, H.P. The Superintendent of Jail, District Jail Solan, District Solan, H.P, Himachal Pradesh, 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 25, 2025 (subhash) Digitally signed by VIKRANT CHANDEL Date: 2025.07.25 17:35:52 IST