1 2025:HHC:29196 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1875 of 2025 Reserved on : 14.8.2025 Decided on: 29.8.2025 Sunny Kumar …Applicant Versus State of H.P. & ors. …Respondents ___________________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________________ For the Applicant : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sparsh Bhushan, Advocate. For the Respondent : Mr. Varun Chandel and Mr. H.S. Rawat, Addl. A.Gs, assisted by LASI Kamlesh, WPS Baddi, for respondent No. 1/State. None for respondents No. 2 and 3. Virender Singh, Judge Applicant Sunny Kumar has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) seeking his release on bail, during the pendency of trial, arising out of case FIR No. 38 of 2024, dated 8.11.2024, under Sections 137 (2) and 64 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the 2 2025:HHC:29196 BNS’), and Section 4 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act”) registered with Women Police Station, Baddi, District Solan, HP. 2. According to the applicant, he has falsely been implicated in the present case, as he is an innocent person and has nothing to do with the case. 3. The applicant has pleaded that he has been arrested in this case on 7.3.2025, and presently he is in judicial custody. All these facts have been pleaded to demonstrate that the applicant is no longer required by the Police, in this case and no useful purpose would be served by keeping him in judicial custody. 4. The applicant has tried his luck by moving similar bail application before the learned Addl. Sessions Judge, Fast Track Special Court (POCSO), Solan, H.P., which was dismissed, on 10.7.2025. 5. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 6. On all these submissions, Mr. Sanjeev Bhushan, Senior Advocate, assisted by Mr. Sparsh Bhushan, Advocate has prayed that the bail application may kindly be allowed. 3 2025:HHC:29196 7. When, put to notice, Police has filed the status report, disclosing therein that complainant moved a complaint, before the Police, mentioning therein that on 7.10.2024, his daughter (child victim) aged about 16 years, had left the home on the pretext of visiting her paternal aunt. However, she has not reached at the home of her paternal aunt. Thereafter, search was made for the child victim, but, she was not found. The complainant has apprehended that Sunny Kumar (applicant) might have enticed away the child victim, as, he was also not available from that date. As such, he has prayed that the child victim may kindly be searched for. 7.1 On the basis of above facts, the FIR was registered. On 9.11.2024, ASI Vinod Kumar visited the spot and prepared the spot map. The complainant produced the School Leaving Certificate, Transfer Certificate, and three photographs of the child victim, before the Police. As per the documents, produced by the complainant, before the Police, the date of birth of the child victim was found to be 8.6.2008. 7.2 Thereafter, on the transfer of ASI Vinod Kumar, further investigation was entrusted to ASI Mohinder Singh. During investigation, on 5.3.2025, ASI Mohinder Singh received a secret information, upon which, he, alongwith other officials and the parents of the child victim, proceeded towards Greater Noida 4 2025:HHC:29196 (Delhi). The applicant and the child victim were searched for, but, they could not be found. 7.3 On 6.3.2025, the child victim and the applicant were found at Gautam Budh Nagar, Greater Noida (Uttar Pradesh). The child victim was identified by her parents. Physical evidence, collected from the spot, was also taken into possession. Spot map was prepared. Thereafter, statements of witnesses, under Section 180 of the BNSS, were recorded. 7.4 Both, the child victim and applicant, were brought to the Police Station. Thereafter, the child victim was medico legally examined at Civil Hospital, Baddi. Applicant was arrested on 7.3.2025 and was medico legally examined. The physical evidence, so collected, by the Doctor, was handed over to the Police. 7.5 On 7.3.2025, the child victim was produced before the learned JMFC, Nalagarh, District Solan, where, her statement, under Section 183 of the BNSS was recorded. Blood samples of the child victim and accused were sent for DNA profiling. Report of the same has been received. 7.6 As per the status report, after completion of investigation, charge sheet has been filed before the competent Court of law, on 21.7.2025. The applicant is stated to be in judicial custody, since 8.3.2025. Total 28 witnesses are stated to 5 2025:HHC:29196 be in the present matter and the case is stated to be fixed on 18.9.2025, for prosecution evidence. 7.7 Except the present case, no other case is stated to have been registered against the applicant. 8. On the basis of above facts, a prayer has been made to dismiss the application. 9. Perusal of the record shows that the child victim, in her statement, recorded under Section 183 of BNSS, before the learned Judicial Magistrate First Class, Nalagarh, District Solan H.P. has deposed that on 7.10.2024, she had gone to Baddi Bus Stand, from where she called applicant and she took him to Greater Noida, where, applicant obtained a room on rent in G.R. Public School Building. In addition to this, she has also deposed about their physical relation, in the statement, recorded under Section 183 of BNSS. 10. Lastly, she has stated that applicant Sunny has not enticed her away. Similar type of statement has been made by the child victim, under Section 180 of BNSS. 11. As per the status report, charge sheet, in the present case has been filed and custodial interrogation of the applicant has not been sought by the Police. The case is now fixed on 18.9.2025, for prosecution evidence. 6 2025:HHC:29196 12. Considering the number of witnesses, chances of conclusion of trial against the applicant, are not so bright in near future, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for the indefinite period. 13. The another fact, which has rightly been highlighted by the learned Senior Counsel, appearing for the applicant, is that the applicant is 21 years of age and in case, he is kept in judicial custody, at this young age, he may come in contact with the hardened criminals, which would adversely affect his carrier. Considering the said argument of learned Senior Counsel, appearing for the applicant, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, as he is in judicial custody since 7.3.2025, till date. 14. Except the present case, no other case is stated to have been registered, against the applicant. As such, presumption of innocence is still available to the applicant. 15. The detailed discussions about the case of the prosecution, at the time of deciding the bail application, should be avoided, as the purpose of a bail hearing is not to decide the guilt or innocence of the accused, which would be proved during the trial. 7 2025:HHC:29196 16. So far as objection of learned Addl. A.G. qua the fact that applicant is resident of Uttar Pradesh and he may not be available for trial, is concerned, for that apprehension, reasonable conditions can be imposed, upon the applicant, in case, he is ordered to be released on bail. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 38 of 2024, dated 8.11.2024, under Sections 137 (2) and 64 of the BNS, and Section 4 of POCSO Act, registered with Women Police Station, Baddi, District Solan, HP. on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of the learned trial Court. 19. 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 the 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 8 2025:HHC:29196 d) Applicant shall not leave the territory of India without the prior permission of the Court. 20. 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. 21. 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 violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Solan, through e- mail, with a direction to enter the date of grant of bail in the e- prison software. 23. 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, Solan is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of District Jail, Solan, 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. 9 2025:HHC:29196 24. Record be returned back to the quarter concerned. (Virender Singh) Judge 29 August, 2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.29 14:17:15 +0530