1 2025:HHC:23335 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP (M) No. : 1 631 of 2025 Decided on : 17.07. 2025 Kushal Dutt …Applicant Versus State of Himachal Pradesh & another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Petitioner in person with Mr. Ajay Sharma, Senior Advocate, assisted by Mr. Atharv Sharma, Advocate. For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Mohinder Zharaick, Additional Advocate General, assisted by ASI Rameshwar Singh, Police Station Rajgarh, District Sirmaur, H.P., for respondent No. 1. Respondent No. 2 is present in person. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:23335 Virender Singh, Judge. (Oral) Applicant-Kushal Dutt, is apprehending his arrest in case FIR No. 55 of 2025, dated 8th July, 2025, registered with Police Station Rajgarh, District Sirmaur, H.P, under Sections 75 (2) & 78 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’) and Sections 8 & 12 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’). 2. By way of the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), indulgence of this Court has been sought, by the applicant, to direct the Investigating Officer/Police of Police Station Rajgarh, District Sirmaur, H.P., to release him, on bail, in the event of his arrest, in the above-noted case/FIR. 3. According to the applicant, he is innocent and has falsely been implicated, in this case, without any reason or rhyme. 4. The applicant has pleaded that the complaint against him, appears to have been made by the persons, who are inimical towards him and he has been named as 3 2025:HHC:23335 accused, in this case, in order to ruin his career, as, the applicant is a Government servant. 5. As per the applicant, he is from a respectable family and having deep roots in the society. According to the applicant, he is permanent resident of District Sirmaur, as such, there is no likelihood of his absconding or fleeing from justice. 6. The applicant has given certain undertakings for which, he is ready to abide by, in case, a direction is issued to the Investigating Officer/Police of Police Station Rajgarh, District Sirmaur, H.P., under Section 482 of the BNSS, to release him on bail, in the event of his arrest. 7. In view of the above submissions, learned Senior Counsel appearing on behalf of the applicant, has prayed that the bail application may kindly be allowed. 8. On 10th July, 2025, the State has been directed to file the status report. Consequently, the State has filed the status report, disclosing therein, that on 8th July, 2025, a zero FIR No. 002 of 2025, under Section 75 (2) &78 of the BNS and Sections 8 & 12 of the POCSO Act, was received at Police Station Rajgarh, through Online CCTNS 4 2025:HHC:23335 Application, from Women Police Station Solan, wherein it has been recorded that the complainant appeared before the police, disclosing therein, that her daughter (child victim), aged about 14 years, is studying in 10 + 1 class I Government Senior Secondary School ‘Y’ (name withheld). 8.1. The complainant has further alleged that applicant-Kishan Dutt was earlier posted in School ‘X’ and two years ago, he was posted in School ‘Y’. It is the further case of the complainant that the applicant, through the friend of the child victim, who is also the class fellow of the child victim, used to make phone calls and SMS, for the child victim, for a quite long time. He has also expressed his intention to the friend of the child victim for having the physical relations with the child victim. When, the child victim came to know about this fact, then, she had collected the evidence against the applicant and has informed the school teachers. 8.2. The complainant has further alleged that the applicant, through the friend of the child victim, had tried to call her to Solan, but, he could not succeed. Due to the act of the applicant, the child victim got mentally 5 2025:HHC:23335 disturbed. As such, a prayer has been made to take action. 9. On the basis of the above facts, the police registered the case and the criminal machinery swung into motion. The child victim was associated in the investigation. Her statement, under Section 180 of the BNSS, was got recorded. As per her statement, the application, by making chat/messages, with the friend of the child victim, had talked about having the physical relations with the child victim. 10. After perusing the said status report, interim protection was granted to the applicant and the matter was adjourned for today, i.e. 17th July, 2025. 11. Today, the police has filed the fresh status report, disclosing therein, that on 10th July, 2025, the statements of the friends of the child victim, have been recorded, in the presence of their mothers, by visiting their houses. The mother of the child victim (i.e. complainant) has also produced the printout of the Instagram messages, which were allegedly sent by the applicant, to the friend of the child victim, wherein, he has written ‘maine to sex 6 2025:HHC:23335 karna tha’. The said printout has also been taken into possession. 11.1. As per the status report, the applicant has joined the investigation on 11th July, 2025. His mobile phone was taken into possession. The applicant is also stated to have disclosed that he is using this mobile phone for the last two-three years, however, he has deleted the data from it. 11.2. On 14th July, 2025, the child victim and her friend were produced before the Court of learned Judicial Magistrate First Class Rajgarh, Camp at Sarahan, where, their statements, under Section 183 (6) of the BNSS, have been recorded. Both, the child victim and her friend, have confirmed the allegations levelled against the applicant, whereas, the another friend of the child victim has refused to make the statement in Court. 11.3. Thereafter, the Service Provider has been requested to provide the CDRs of the applicant, child victim, as well as, her friend. The CDRs of the mobile phone of the applicant have been provided by the Service Provider. On perusal, it has been found that on 20th June, 7 2025:HHC:23335 2025, the applicant had made calls on five occasions, on the mobile phone of the friend of the child victim between 05.06 p.m. and 05.50 p.m., which were recorded by the friend of the child victim and forwarded to the child victim, however, the said recordings were found to have been deleted. On 16th July, 2025, the mother of the friend of the child victim produced her mobile phone, which was also taken into possession. 11.4. It is the further case of the police that the applicant was posted as teacher in Government Senior Secondary School ‘Y’, where, the child victim and her friends are studying. The applicant is now stated to have been transferred and posted at School ‘X’. 11.5. Lastly, it has been pleaded that due to the act of the applicant, the child victim and her friends are frightened and in case, the interim order is made absolute, the applicant may coerce the witnesses and allure them to depose in his favour. 11.6. Apart from the present case, no other case is reported to have been registered against the applicant. 8 2025:HHC:23335 12. On the basis of the above facts, a prayer has been made to dismiss the bail application. 13. Heard. 14. The relation of the applicant with the child victim and her friends is a very pious relation, i.e., teacher- student relationship. The age of the applicant, has been mentioned in the application, as 39 years and the alleged act of sending obscene messages, by him, to the friend of the child victim, by giving reference of the child victim, speaks voluminously about the seriousness of the offence. 15. As per the case of the prosecution, the applicant was posted in the School, where, the child victim and her friends are studying, two years ago, however, he still used to send vulgar messages to his student, that too, about his another student, i.e. the child victim, is a fact, which cannot be ignored, at this stage, as, in case, the interim order is made absolute, it will give a wrong signal to the society that after allegedly committing a heinous offence, that too, against a girl child, a person is moving freely, and would also encourage the other persons of pervert mind, to commit such type of offences. 9 2025:HHC:23335 16. While deciding the question of bail, a delicate balance, between the individual liberty and larger interest of the society, has to be maintained. 17. Considering all these facts, the applicant is not able to make out a case, in his favour, at this stage. Consequently, the bail application is dismissed. 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 bail application. ( Virender Singh ) Judge July 17, 2025 ( rajni )