1 ( 2025:HHC:28746 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1883 of 2025 Reserved on 19.08.2025. Date of Decision: 26.08.2025 Roop Singh …Applicant Versus State of H.P. & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person with Mr. Anil Kumar Manget, Advocate. For the respondents : Mr. Tejasvi Sharma, Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by SI Pritam Singh, Police Station Sangrah, District Sirmaur, H.P., for respondent No.1/State. Respondent No.3 (Complainant) present in person. Virender Singh, Judge Applicant-Roop Singh, apprehending his arrest, in case, FIR No.59 of 2025, dated 27.07.2025, registered under Sections 74, 126(2) and 75 (ii) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), read with Section 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:28746 ) 8 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’), with Police Station Sangarh, District Sirmaur, H.P., has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS). 2. By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police of Police Station, Sangrah, District Sirmaur, to release him on bail, in the event of his arrest, in the above mentioned FIR. 3. According to the applicant, he is innocent person and has falsely been implicated, in this case. 4. He has further pleaded that he has no concern, whatsoever, with the crime in question and is having deep roots in the society. 5. According to the applicant, he has seen a young girl in a suspicious situation, with a boy, passing through a forest /isolated path and being a responsible citizen, warned them and stated that he would inform her parents regarding such conduct. 3 ( 2025:HHC:28746 ) 6. According to him, in order to save herself, the complainant has made the false and baseless allegations against him. 7. On the basis of the above facts, he has given certain undertakings, for which, he is ready to abide by, in case ordered to be released on bail. 8. In this case, the applicant has also impleaded the child victim and her father, as respondent Nos.2 and 3. 9. On the basis of the above facts, a prayer has been made to allow the application. 9.1. When, put to notice, the police has filed the status report, disclosing therein, that on 27.07.2025, when HC, Kush No.116, IO, Police Chowki, Nohradhar, along with other police officials, was on patrolling and checking for traffic duty at Nohradhar market, then, the complainant moved a complaint mentioning therein, that on 26.07.2025, his daughter (child victim), who is studying in Plus One Class, in GSSS, Y, aged about 17 years, disclosed to the complainant that when, she was coming alone, then, in the thick forest, Roop Singh (applicant) teased her and also said to her that he had clicked her photographs with a boy and if, she will dance upon his tune, then, he will delete the same. 4 ( 2025:HHC:28746 ) 9.2. According to the applicant, thereafter, Roop Singh had touched the child victim with bad intention. She has also disclosed that Roop Singh (applicant) had also revealed to the child victim that he will show the photographs and video to her father. 9.3. He has lastly got recorded that from the time of said incident, his daughter is frightened, as such, a request has been made to take action, upon which, the police has registered the FIR, in question and then, the investigation was started by Sub Inspector Pritam Singh. 9.4. On 29.07.2025, at the instance of child victim, the spot was visited and spot map was prepared. The age proof of the child victim was obtained. As per the record, her date of birth was found to be 04.12.2007. Statements of the witnesses were got recorded. 9.5. On 30.07.2025, the child victim was produced before the Court of learned Judicial Magistrate First Class, Rajgarh, where, her statement under Section 183 of BNS, was recorded. As per the statement, she has substantiated the allegations, as levelled in the FIR and it was found that the sexual favour was demanded by the accused (applicant), as such, Section 75((ii) BNS, was added, in this case. 5 ( 2025:HHC:28746 ) 9.6. It is the further case of the police that as per the statement, the accused has tried to outrage the modesty of the child victim. 9.7. On the basis of the above facts, interim protection was granted to the applicant and the matter was adjourned for 08.08.2025. On that day, respondents No.2 and 3, also put appearance and sought time to engage the counsel to file objections. 9.8. As per the status report, which was filed on 08.08.2025, accused has joined investigation and has disclosed that on 26.07.2025, at about 5:30-5:40 PM, at place Y, he heard the discussion of people and when, he inquired, who they are, then child victim was found running with a boy. 9.9. So far as the criminal history of the applicant is concerned, it has been pleaded that another case FIR No.89 of 2021, dated 04.10.2021, under Sections 308, 379, 427 of IPC, read with Section 32, 33, 41, 42 of Indian Forest Act, has been found to have been registered against him, which is pending adjudication in the Court of learned Sessions Judge, Nahan. 9.10. Lastly, it has been apprehended that in case, the interim order is made absolute, he may again indulge in the 6 ( 2025:HHC:28746 ) same activity and may also coerce the child victim and witnesses, by alluring them to depose in his favour. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. It is apt to record within that on 08.08.2025 complainant and child victim had put appearance and sought time to engage counsel and to file reply and the matter was adjourned for 19.08.2025. On that day, respondent No.3 has stated that he does not want to file any objections, in this case. However, the police has also filed the supplementary status report, with the apprehensions, as mentioned above. 12. The applicant is permanent resident of District Sirmaur and considering the contents of the FIR, according to which, child victim allegedly disclosed that Roop Singh (applicant) has also told the child victim to show the photographs and video to her father, the stand as taken by the applicant, in the bail application, as mentioned above, cannot be ignored, at this stage. 13. Although, the crime allegedly committed by the applicant would be proved during the trial, but, the stand of the applicant taken in the bail application, which has also found some corroboration from the stand of the complainant, this 7 ( 2025:HHC:28746 ) Court is of the view that when, the police is not able to make out a case for custodial interrogation, the applicant is entitled for the relief, as claimed, in the application. 14. Moreover, the applicant is presumed to be innocent, unless or until, proven guilty. The bail application cannot be rejected, as pre-trial punishment, is prohibited under the law. 15. In the given facts and circumstances of the present case, the interim order dated 01.08.2025 is liable to be made absolute. 16. Consequently, interim order, dated 01.08.2025, is made absolute and the applicant is ordered to be released on bail, in the event of his arrest, in case FIR No.59/2025, dated 27.07.2025, registered under Sections 74, 75(ii) & 126(2), of BNS read with Section 8 of POCSO Act, with Police Station Sangrah, District Sirmaur, H.P., subject to furnishing personal bonds in the sum of Rs.50,000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. 17. This order, however, shall be subject to the following conditions:- a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; 8 ( 2025:HHC:28746 ) b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will 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. 18. 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. 19. 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. (Virender Singh) Judge August 26, 2025 (subhash)