1 2025:HHC:28404 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1894 of 2025 Reserved on : 14.8.2025 Decided on : 22.8.2025 Preetpal Singh …Applicant Versus State of H.P. & anr. …Respondents _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Ajay Kochhar, Senior Advocate with Ms. Swati Sharma, Advocate. For the Respondent : Mr. Varun Chandel, Addl. A.G., assisted by Insp./SHO Jyoti, FMPS, BCS Shimla, for respondent No. 1. Mr. Kulwant Singh Gill, Advocate, for respondent No. 2. Virender Singh, Judge Applicant Preetpal Singh has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the 2 2025:HHC:28404 pendency of the trial, in case FIR No. 15/2025 dated 27.6.2025, registered under Sections 64(2)(m), 65(1) and 351 (2) of Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’), with FMPS, BCS, Shimla, District Shimla, H.P. 2. Relief of bail has been sought on the ground that the present case has been lodged by the complainant/child victim, on distorted facts, on behalf of certain persons, with ulterior motive. The applicant has further pleaded that no such incident had ever taken place. He has termed the entire case of the prosecution case as false. 3. It is further case of the applicant that he is a senior citizen, aged about 73 years and suffering from age related ailments and had undergone two knee replacement surgeries and can barely walk without the aid of a stick. Apart from this, he is also stated to be suffering from severe spinal issues. The 3 2025:HHC:28404 applicant has relied upon his Disability Certificate, according to which, he is suffering from locomotor disability to the extent of 45%. 4. Apart from this, it has been pleaded that in the statement, recorded under Section 183 of BNSS, made by the child victim, no case is made out against the applicant, for which, he has been arrested, by the Police. 5. The applicant has tried his luck by moving similar application, before the learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, H.P., however, the same was dismissed, on 10.7.2025. 6. 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, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 4 2025:HHC:28404 8. When put to notice, the police has filed the status report, disclosing therein, that on 27.6.2025, child victim, alongwith her maternal grand mother, appeared before the Police and moved the complaint, disclosing therein, the following facts: “Subject: Physical abuse Preet Pal Singh. This case was started in 2021 in the month of may I meet preetpal singh in the function of Guru Nanak dev ji suddenly I was emergency to went washroom so I asked him to go washroom then he told me that to went his office after all I go to his offices washroom then he started to talk me with smiling. He said me to do job in his office with family problems from next day I went to his office for job I did that job upto 1 month after month I leave that job because there was having paper in my school when I left that job he started calling me daily for job after getting my paper I went to him for my job everything is normal but one day when he was fully drunk he started touching me in another way I was fully nervous that what to do now. When I said to him to do not touch me like that way he told me that he will gove me money after all he started making physical relation with me. Then he gove money to me on gpay. from 2021 to 2025 he always use me at the end when my nani said that don't went to him I understand the feelings of my nani so I stopped to went his office after this move he started torching me. He said that I will go to your nani house and tell her the truth that you take money from me when I ignored him he send the fake letter to my mothers office and it was the fake letter. He sent that letter to my friends also But still my friends went to him in this office. he call them to ask for me. One day he said me to talk with my friend about him for his physical statement. when I stopped talking him he always torture me. About that things which are normal in my life. I am depressed about things that he says to me. I want nothing but 5 2025:HHC:28404 only this that he stopped torching me and proper action against him.” 8.1 On the basis of above facts, Police registered the FIR and Police machinery swung into motion. Statement of the child victim was recorded under Section 180 BNSS, on 27.6.2025. The applicant was associated in the investigation and was arrested on the same day at about 7:50 p.m. He was medico legally examined, on 27.6.2025. Physical evidence, so collected, was also taken into possession. The Doctor, in the MLC, has given the following opinion: “After complete examination of the above person, I am of the opinion that there is nothing to suggest that the person Incapable of Performing Sexual Intercourse.” 8.2 On 28.6.2025, the child victim, in the presence of her mother, identified the shop/office of applicant. The spot map was prepared and memo, in this regard, was prepared. Physical evidence, so collected, was taken into possession. 6 2025:HHC:28404 8.3 It is the further case of the Police that since applicant allegedly showed the obscene videos to the child victim, as such, his mobile phone was also taken into possession, on 28.6.2025. On 1.7.2025, statement of the child victim was got recorded, under Section 183 of BNSS, by producing her before the competent Court. The documents pertaining to date of birth of the child victim, were obtained. As per the documents, date of birth of the child victim, was found to be 7.5.2009. 8.4 It is the further case of the Police that as per the allegations, applicant used to pay Rs.50-100/- to her mother, through Google Pay, whenever he used to sexually harass her. As such, statements of accounts of mother of child victim, as well as, applicant, were obtained. 8.5 As per the bank account statements of the applicant and the mother of the child victim, from the bank account of applicant, transactions of total sum 7 2025:HHC:28404 of Rs. 4601/- are stated to have been made 109 times to the account of mother of the child victim. Similarly, from the bank account of mother of the child victim, transaction of a total sum of Rs. 2538/- is stated to have been made 12 times to the account of the applicant. 8.6 It has been mentioned in the status report that mother of the child victim, in her statement, disclosed that in the year 2024, she had borrowed a sum of Rs. 15000/-, from the applicant, which she has yet not returned back. 8.7 On the basis of above facts, apprehensions have been expressed by pleading that applicant is a clever person and sexually harassed the child victim from May, 2021 to April, 2025, and due to his this act, there is a lot of resentment in the society, and in case, the applicant is released on bail, he may coerce the witnesses and may not available for trial. 8 2025:HHC:28404 8.8 As such, a prayer has been made to dismiss the bail application. 9. In this case, the child victim has also been impleaded as respondent No. 2. She has filed Cr. M.P. 3543 of 2025, disclosing therein, that she has no objection, in case the application is allowed. The application has duly been supported by the affidavit of mother of the child victim. 10. Considering the age of the applicant, which has been proved to be 73 years, coupled with the stand of the child victim, as well as, the photo copy of unique disability ID, issued by the Government of India, in favour of the applicant, in which, percentage of disability has been shown as ‘Locomotor Disability’ to the extent of 45%, this Court is of the view that no fruitful purpose would be served by keeping the applicant in judicial custody. 11. Another fact, which assumes significance, in the present case, is that the child victim, when 9 2025:HHC:28404 appeared before the Court, where her statement under Section 183 of BNSS was recorded, she has totally changed her version, as given in the complaint before the Police, by stating that applicant had demanded payment of the amount, which her mother had borrowed from him. Applicant used to tell her mother to repay the amount in time and misbehaved and abused her. She has also levelled the allegations of bad touch against the applicant. Although, authenticity of the statement of the child victim, so recorded, would be considered by the learned trial Court, during trial, but the documents, which are on the Police file, can be taken into consideration, at the time of deciding the question of bail. 12. The applicant is permanent resident of District Shimla, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial. 10 2025:HHC:28404 13. No other case is found to have been registered against the applicant, as such, presumption of innocence is still available to him, till his guilt is proved by the prosecution, during trial. 14. Moreover, chances of 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 judicial custody, that too, for indefinite period. 15. Considering all these facts, this Court is of the view that the applicant is able to make out a case in his favour. As such, 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. 15 of 2025 dated 27.6.2025, registered with Police Station, FMPS BCS, Shimla, District Shimla, HP, under Sections 64(2)(m), 65(1), 351(2) of BNS and Section 6 of POCSO Act, on his furnishing personal bond in the sum of Rs. 11 2025:HHC:28404 50,000/-, with one surety in the like amount, to the satisfaction of learned Special Judge (Rape/POCSO), Shimla. 17. This order, however, shall be subject to the following conditions:- 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. 18. 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. 19. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, 12 2025:HHC:28404 any of the bail conditions is found to be violated by the applicant. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub Jail, Kaithu, District Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the e- prison 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 Sub Jail, Kaithu, District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Sub Jail, Kaithu, District Shimla, H.P., 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 22, 2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.22 14:51:21 +0530