Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29202 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1728 of 2025 Reserved on : 26.08.2025 Decided on : 29.08.2025 Anant Ram
…Applicant Versus State of Himachal Pradesh & Anr. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Applicant in person with Mr. Naresh Sharma and Mr. Ajay Chauhan, Advocates. For the respondents : Mr. Rohit Sharma, Deputy Advocate General, for respondent No. 1/State. : Mr. Suresh Singh Saini and Mr. Rajender Gulati, Advocates, for respondent No. 2/complainant. Virender Singh, Judge ApplicantAnant Ram, has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’),
2 2025:HHC:29202 by surrendering himself to the custody of the Court on
21.07.2025. 2. By surrendering himself to the custody of the Court, the applicant has sought his release on bail, in case FIR No. 52/2025, dated 15.07.2025, registered under Sections 75(i), 75(ii), 351(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Section 3(1) (w)(i) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act (hereinafter referred to as the ‘SC&ST Act’), with Police Station Sangrah, District Sirmour, H.P.
3. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police. 4. As per the applicant, he is senior citizen and respectable person of the area and is former President of Gram Panchayat. Apart from this, applicant has also pleaded that he is suffering from various ailments. 5. FIR is stated to have been lodged by respondent No. 2, due to a grudge nourished by her. 3 2025:HHC:29202
6. On the basis of the above grounds, the applicant has prayed that during the pendency of trial, he may kindly be released on bail. 7.
When the applicant surrendered to the custody of the Court on 21.07.2025, notice was given to the State, upon which, the State has filed the status report, disclosing therein that on 15.07.2025, respondent No. 2, aged about 43 years, appeared before the police, along with her son, and submitted a complaint, disclosing therein, that she is resident of the address, as mentioned in the complaint and applicant Anant Ram, after the death of the husband of the complainant, about four years ago, was forcing her to make physical relations and in case of refusal, he will finish her sons. 7.1 According to further contents of the complaint, her late husband was having some financial transactions, about which, the applicant told her that there is no need to repay the amount and compelled her to make physical relations. However, her son on 04.07.2022, returned him a sum of Rs. 1,00,000/. 4 2025:HHC:29202 7.2 It is the further case of the complainant that whenever, she used to be all alone at her home, applicant used to come to her home and compel her to make physical relations in lieu of the said money. According to her, on 12.07.2025, at about 1:00, in the noon, when she had gone to collect fodder, applicant met her and started teasing her. The applicant had caught her and thereafter given a push to her. Meanwhile, Bhagat Ram and Mohi Ram reached there. 7.3 Due to their arrival at the spot, the complainant has been saved. She has further alleged that applicant proclaimed to be Pandit and threaten them to evict from their land being “Dom”(a caste name). 7.4 On the basis of above facts, she has prayed that action be taken against the applicant, upon which the police registered the FIR. 7.5 On 19.07.2025, on the identification of the complainant, spot map was prepared. Her statement was recorded. 7.6 On the basis of the above stand, the interim relief was given to the applicant and the matter has been
5 2025:HHC:29202 adjourned to 29.07.2025.
7.7 On 29.07.2025, the police has filed the status report disclosing therein that the statement of the complainantrespondent No. 2 was got recorded, under Section 183 of BNSS, by producing her before the Court of learned CJM Nahan, in which, she had reiterated the stand as taken in her statement recorded under Section 180 of BNSS. 7.8 The caste certificates and pedigree tables of complainant and applicant were obtained from the Revenue Department. As per those documents, the complainant belongs to Scheduled Caste, whereas the applicant is from General Category. 7.9 As per the said status report, on 24.07.2025 and 26.07.2025, the applicant has joined the investigation. 7.10 Lastly, it has been pleaded that the investigation, in the present case is almost complete and final report is to be prepared. 7.11 Similar stand has been taken in the status report filed on 12.08.2025. 6 2025:HHC:29202
8. The complainant has also filed the objections, by reiterating the stand, as taken in the complaint. 9. On the basis of the stand, as taken in the objections, Mr. Suresh Singh Saini and Mr. Rajender Gulati, Advocates, appearing for the complainant have prayed that the bail application may kindly be dismissed. 10. The investigation, in the present case, is complete as, specific stand has been taken by the police that the investigation is complete. As such, it can be said that custodial interrogation of the applicant is no longer required by the police. 11. The allegations which have been levelled in the complaint, upon which the FIR, has been registered, would be proved during the pendency of the trial. 12. The presumption of innocence is still available to the applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pretrial punishment is prohibited under the law. 13. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are
7 2025:HHC:29202 not so bright.
As such, no fruitful purpose will be served by keeping the applicant in judicial custody, that too, prior to the conclusion of the trial. 14. The applicant is presumed to be innocent, as no other case is stated to have been registered against him. Even otherwise, considering the allegations of the complainant, qua the fact that her husband owes some money and applicant allegedly demanded the money and in lieu of the said money, he had allegedly demanded sexual favour, this Court is of the view that those allegations would be proved during the trial. 15. The applicant is the permanent resident of Tehsil Sangrah District Sirmour, H.P., As such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for the trial. 16. Considering all these facts, this Court is of the opinion that the interim order, dated 21.07.2025, is liable to be confirmed. Consequently, interim order, dated 21.07.2025, is made absolute, subject to the following conditions:
8 2025:HHC:29202 a) That the applicant shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant shall not leave India, without prior permission of the Court; c) That the applicant shall not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That 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 appropriate application;
17. 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. 18.
It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant. (Virender Singh) Judge August 29, 2025 (Pramod Kumar)