1 2025:HHC:30706 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1919 of 2025 Reserved on : 4.9.2025 Decided on : 9.9.2025 Abhay Soni @ Abhi ..Applicant Versus State of H.P. ..Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate. For the Respondent : Mr. Tejasvi Sharma, Addl. A.G. with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. A.Gs, for respondent No. 1/State. None for respondents No. 2 and 3. 2 2025:HHC:30706 Virender Singh, Judge Applicant 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 pendency of the trial, arising out of FIR No. 15 of 2025, dated 21.4.2025, registered under Sections 363, 366-A, 376 and 343 of Indian Penal Code (hereinafter referred to as ‘the IPC’), and Sections 6 and 21 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’) with Women Police Station, Chamba, District Chamba, H.P. 2. According to the applicant, he is an innocent person and has falsely been implicated and arrested, in the above noted case, and has no concern whatsoever with the offences, for which, he has been arrested by the Police. 3 2025:HHC:30706 3. The applicant has further asserted that he is a young man of 22 years and earning his livelihood by working in Private Sector. 4. The applicant has further pleaded that he and the child victim were in love affair and the child victim had concealed this fact from her family and solemnized marriage with him and is residing happily with him at Ferozpur (Punjab). Not only this, the child victim has also concealed the factum of birth of a male child, out of their relationship, from her parents. 5. Investigation, in the present case, is stated to be completed. All these facts have been pleaded to show that the custodial interrogation of the applicant is no longer required by the Police. 6. The applicant has earlier tried his luck before the Court of learned Special Judge, Chamba, H.P. by filing similar bail application, however, the same was dismissed, on 6.6.2025. 4 2025:HHC:30706 7. On the basis of above facts, Mr. N.K. Thakur, Senior Advocate, assisted by Mr. Divya Raj Singh, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of above facts, a prayer has been made to allow the applicant. 9. When, put to notice, the Police has filed the status report, disclosing therein, that on 21.4.2025, complainant, who is mother of the child victim, moved a complaint before the Police, disclosing therein that she is resident of the address, as mentioned in the complaint and have three children (two girls and one boy). She has further stated in the complaint that her husband is earning his livelihood by running a kiosk and she used to work as domestic help. The child victim is stated to be her eldest daughter, aged about 17-17 ½ years. 5 2025:HHC:30706 9.1 According to the complainant, the date of birth of the child victim is 20.9.2007 and she is studying in 10th standard. In the month of December, 2023, she is stated to have gone out for working in Private Sector. The child victim used to call her mother by apprising that she is working in a private company, in Punjab. After 30.3.2025, the child victim neither contacted her nor returned back. 9.2 As per the complainant, she has suspicion in her mind that the child victim has been enticed away by some unknown person, as such, she has prayed that action be taken, upon which, Police registered case under Section 137 (2) of BNSS. 9.3 Initially, investigation was conducted by S.I. Rajni Devi, Incharge, Women Police Station, Chamba, H.P. During investigation, on 21.4.2025, the case was registered under Section 180 of BNSS and correspondence was made to obtain death certificate of the child victim. 6 2025:HHC:30706 9.4 On 22.4.2025, when, location of the child victim was found in Ferozpur (Punjab), then, further investigation was entrusted to Assistant Sub Inspector, Nikhil Kumar. On 23.4.2025, ASI Nikhil Kumar, alongwith police team, visited Ferozpur, on 24.4.2025, from where, the child victim, alongwith her newly born child, was recovered. The complainant was informed about this fact and custody of the child victim was handed over to her. 9.5 Statement of the child victim was recorded under Section 180 of BNSS, in which, she has disclosed that in the month of December, 2023, she had gone to Chandigarh to work, where, she met Abhay, resident of Ferozpur (Punjab), who took her to his home, in the month of June, 2024, on the allurement of marriage. Applicant Abhay is stated to have raped her, at his house. Thereafter, he continued with such activities, due to which, she got pregnant and gave birth to a male child, on 24.2.2025. During her pregnancy, she was not got 7 2025:HHC:30706 checked up from any Doctor. She has further stated that applicant Abhay used to lock the child victim at his residence, upon which, Section 137 (2) of BNSS was deleted and Sections 363, 366-A, 376 and 343 of IPC was added, in this case. 9.6 Applicant was searched for, but he was not found. On 25.4.2025, the child victim and her newly born child were medico legally examined at Pt. Jawahar Lal Nehru Medical College & Hospital. Blood samples of child victim and her newly born child were obtained for DNA profiling, on FTA card, which were sent to Regional Forensic Science Laboratory, Dharamshala. 9.7 The date of birth of the child victim was found to be 20.9.2007. The Secretary of the Gram Panchayat of the child victim had also supplied the copy of the Pariwar Register. Statement of the child victim was recorded, under Section 183 of the BNSS, by producing her, before the learned JMFC, Chamba, H.P. 8 2025:HHC:30706 9.8 On 12.5.2025, it was found that applicant, alongwith his family members, is coming to Chamba, upon which, location of the applicant was traced. The applicant, his mother and grand mother were found at Chamba. Subsequently, applicant Abhay Soni @ Abhi was arrested and he was produced before the Women Police Station, Chamba. After inquiry, the applicant was medico legally examined. 9.9 During investigation, it has been found that the child victim was kept as daughter-in-law, but neither any Institution nor any Department was informed about this fact. As such, Section 21 of the POCSO Act was added and the mother of the applicant was bound down, under Section 35(3) of the BNSS. 9.10 Involvement of the applicant, in any other case, was not found. 9.11 After completion of investigation, charge sheet under Sections 363, 366-A, 376 and 343 of IPC and Sections 6 and 21 of the POCSO Act was submitted 9 2025:HHC:30706 in the competent Court of law, and the case is now stated to be fixed, for Consideration on Charge. 9.12. As per the DNA report, applicant was found to be the biological father of the baby boy, to whom, the child victim had given birth. 9.13. On the basis of above facts, a prayer has been made to dismiss the application, on the ground, that investigation is at the initial stage and in case, the applicant is released, he may coerce the child victim, as well as, other witnesses and allure them to depose them, in his favour. 10. In this case, complainant, as well as, the child victim, were impleaded as respondents No. 2 and 3, who, despite service, have not put appearance, before this Court. 11. Investigation, in the present case, is complete, since, as per the status report, Challan has been submitted in the Court and the case has been fixed for consideration on charge. As such, no useful purpose would be served, by keeping the applicant in 10 2025:HHC:30706 judicial custody, as, pre-trial punishment is prohibited, under the law. 12. Considering the stand of the child victim, which, she has got recorded in her statement, under Section 180 of BNSS, according to which, applicant met her at Chandigarh, who, on the pretext of marriage, took her to his home at Ferozpur (Punjab) and made forcible physical relations with her, resultant to which, she got pregnant and gave birth to a male child and the fact, revealed by the mother of the applicant, that the child victim was kept as daughter-in-law, this Court is of the view that the applicant is able to make out a case for bail, in his favour. 13. The probable stand of the applicant, qua the fact that he has solemnized marriage with the child victim, cannot be ignored, at this stage. 14. The another fact, which has rightly been highlighted in this case, by the learned Senior Advocate, appearing for the applicant that the 11 2025:HHC:30706 applicant had married the child victim, also stood probabilized from the fact that despite service of notice, neither the complainant nor the child victim had put appearance, before this Court, to oppose the bail application and to contradict the stand, as taken in the applicant. 15. Another fact, which is also liable to be highlighted, at this stage, is that the alleged missing report was lodged by the complainant, on 21.4.2025, whereas, according to her, the child victim had left the home, for job, in the month of December, 2023, and no report was lodged, nor any efforts were made by the family members of the child victim to trace her, as, after 30.3.2025, the child victim neither contacted her mother nor returned back. 16. Moreover, considering the age of the applicant, which has been pleaded as 22 years, this Court is of the view that keeping the applicant in judicial custody, that too, in the company of 12 2025:HHC:30706 hardened criminals, would adversely affect his future. 17. Chances of conclusion of trial are not so bright, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for the indefinite period. 18. The cumulative effect of aforesaid discussion is that the applicant is able to make out a case for bail. Consequently, the bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released on bail in case FIR No. 15 of 2025, dated 21.4.2025, registered under Sections 363, 366-A, 376 and 343 of the IPC and Sections 6 and 21 of the POCSO with Women Police Station, Chamba, District Chamba, H.P. on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 20. This order, however, shall be subject to the following conditions:- 13 2025:HHC:30706 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. 21. 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. 22. 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. 23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Chamba, H.P. through e-mail, with a direction 14 2025:HHC:30706 to enter the date of grant of bail in the e-prison software. 24. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Chamba, is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of the District Jail, Chamba 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 September 9, 2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.09.09 14:45:43 +0000