1 2025:HHC:26705 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1703 of 2025 Reserved on : 6.8.2025 Decided on : 8.8.2025 Sandeep @ Sanju …Applicant Versus State of H.P. & ors. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Deepak Kaushal, Senior Advocate with Mr. Rajesh Kumar, Advocate. For the Respondents : Ms. Ranjna Patial, Dy. A.G., for respondent No. 1. Mr. Manish Kumar, Advocate, for respondents No. 2 and 3. Virender Singh, Judge Applicant Sandeep @ Sanju has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during 2 2025:HHC:26705 the pendency of the trial, in case FIR No. 8 of 2025, dated 11.3.2025, registered under Sections 64 of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), and Section 6 of Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’ with Women Police Station, Nahan, District Sirmour, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the offence, for which, he has been arrested by the Police. 3. According to the applicant, he and the child victim want to solemnize marriage and betrothal ceremony has taken place. However, when, the proposal regarding their marriage was discussed, respondent No. 2 could not disclose his exact age. However, according to the applicant, from her appearance, she appears to be major. 4. The applicant has further pleaded that he is the only bread earner in the family and doing private 3 2025:HHC:26705 job. He has also expressed his intention to solemnize marriage with respondent No. 2. 5. According to the applicant, investigation in the present case is completed and nothing is to be recovered from him, or at his instance. 6. Applicant has tried his luck by moving similar bail application, before the Court of learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Sirmour at Nahan, H.P., however, the same has been dismissed on 27.6.2025. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail. 8. On these submissions, 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 11.3.2025, an information has been received from Government 4 2025:HHC:26705 Hospital, Nahan, that the child victim has given birth to a child. The parents of child victim are stated to be resident of ‘X’ area, who were speaking local dialects. As such, a request has been made to take help of local interpreter, upon which, L.C. Poonam, who is resident of ‘X’ area was taken by S.I./SHO, Police Station, Nahan to the hospital, where, the parents of the child victim were inquired in the local dialect by L.C. Poonam. 9.1 Thereafter, statement of complainant was recorded under Section 173 of BNSS. In the complaint, respondent No. 3 got recorded that he is resident of the address, mentioned in the complaint and agriculturist by profession. He has been blessed with six children. The elder one is boy and others are daughters. His two daughters and son are stated to be married. The child victim is his youngest daughter. She, on complaining about stomachache, was taken by him and his wife to Government Hospital, Nahan, for check-up, on 11.3.2025, where 5 2025:HHC:26705 she gave birth to a female child. The complainant has further got recorded in his statement that there was proposal regarding marriage of the child victim with Sanju (applicant). However, he has feigned ignorance, whether they used to meet each other. 9.2 On the date, when the complainant made statement, his wife had inquired from the child victim as to whose child was this, upon which, it was revealed by the child victim that the same is offspring of Sanju (applicant). She has further revealed that both of them used to meet each other, but now, he is not interested to marry the child victim. 9.3 Lastly, complainant has stated that the applicant had taken undue advantage of the age of the child victim and impregnated her. 9.4 On the basis of above facts, the Police registered the case under Section 64 of BNS and Section 6 of the POCSO Act. 9.5 During investigation, on 11.2.2025 the child victim, as well as, newly born child were medico 6 2025:HHC:26705 legally examined and their blood samples were obtained for D.N.A. profiling. 9.6 On 12.3.2025, accused voluntarily appeared before the Police and he was arrested. He was also medico legally examined. Thereafter, the applicant was remanded to police custody. 9.7 On 13.3.2025, in the evening, the child victim was discharged from the hospital. Thereafter, her statement under Section 183 (6) of BNSS was recorded by producing her before the learned JMFC, Nahan, H.P. 9.8 During investigation, applicant disclosed that in November, 2023, there was a marriage proposal with the child victim, and thereafter, he and the child victim started talking to each other. The applicant has further disclosed that he used to meet the child victim, 3-4 times in a month, and whenever, the child victim used to be alone at home, they used to make physical relations. However, after some time, a misunderstanding had developed between them 7 2025:HHC:26705 due to which, the child victim blocked his mobile number. 9.9. It is the further case of the Police that on 15.3.2025, counselling of the child victim was got done from the District Child Welfare Counsellor. 9.10. As per the document, obtained from Government Primary School, ‘Y’, the date of birth of the child victim was found to be 30.5.2007. As per the DNA report, applicant was found to be the biological father of the newly born baby of the child victim and the child victim was found to be her biological mother. 9.11 After completion of investigation, police filed charge-sheet, on 5.5.2025. The case is now stated to be listed on 28.7.2025, for consideration on charge. 9.12 Lastly, it has been apprehended that the applicant is a very clever person and by taking undue advantage of the minority of the child victim, he had sexually exploited her. 8 2025:HHC:26705 10. In this case, the child victim, as well as, the complainant were also impleaded as respondents No. 2 and 3. When, put to notice, both of them had put appearance, through their counsel, and filed objections, in which, case of the petitioner has been supported by them, by pleading that the child victim is living in the house of applicant happily. They have relied upon the report given by Pradhan of Gram Panchayat of village of applicant in this regard. 11. In this case, the applicant has taken the plea of his betrothal with the child victim and also taken the plea that thereafter, proposal of their marriage was discussed by their family members, however, exact age of the child victim was not disclosed and asserting the fact that applicant is ready and willing to marry respondent No. 2, prayer to grant the bail to the applicant, has been made. 12. In the DNA report, applicant is held to be biological father of the newly born child. In view of the stand taken in the objections, according to which, 9 2025:HHC:26705 the child victim is residing in the house of the applicant, as well as, considering the report, submitted by Gram Panchayat ‘Y’, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, as even in the FIR, averments as made in the bail application, has been got recorded by the complainant, i.e. with regard to proposal of the marriage of the applicant with the child victim. 13. The fact that the applicant has been kept in dark, with regard to the age of the child victim, would be proved during the trial. As such, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period, as chances of conclusion of trial, against the applicant, are not so bright. 14. Investigation, in the present case, is complete and on the basis of above facts, it can not be said that custodial interrogation of the applicant is required by the Police. 10 2025:HHC:26705 15. No apprehension has been expressed by the Police, in the status report, that in case, the applicant is released on bail, he may coerce the witnesses. In such situation, this Court is of the view that declining the relief to applicant would be nothing, but pre-trial punishment, which is prohibited, under the law. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail in case FIR No. 8 of 2025, dated 11.3.2025, registered under Section 64 of the BNS and Section 6 of the POCSO Act with Women Police Station, Nahan, District Sirmour, H.P. on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court. 18. This order, however, shall be subject to the following conditions:- 11 2025:HHC:26705 a) 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; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) 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) Applicant shall not leave the territory of India without the prior permission of the Court. 19. Any of the observations, made herein above, 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. 20. 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 to be violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Open Jail, 12 2025:HHC:26705 Nahan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Open Jail, Nahan is directed to inform this fact to the concerned Secretary, DLSA, Nahan. The Superintendent of the Open Jail, Nahan 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 August 8, 2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.08 13:16:01 +0530