1 2025:HHC:30320 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2019 of 2025 Reserved on : 3.9.2025 Decided on: 5.9.2025 Ishaq Mohd. …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 Mr. K.S. Gill, Advocate. For the Respondent : Mr. H.S. Rawat, Addl. A.G. with Mr. Rohit Sharma and Ms.Ranjna Patial, Deputy A.G., assisted by ASI Kamlesh,Mahila Police Station Baddi, District Solan, H.P., for respondent No. 1. Respondent No. 2 in person with Ms. Swati Sharma, Advocate. 2 2025:HHC:30320 Virender Singh, Judge Applicant-Ishaq Mohd. has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of trial, arising out of FIR No.11 of 2025, dated 15.02.2025, registered under Sections 64, 69, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Women Police Station Baddi, District Solan, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case, and presently lodged in Sub-Jail, Kishanpura at Nalagarh Baddi, District Solan, H.P. 3. As per the applicant, he has nothing to do with the offence, for which he has been arrested, by the police, in this case. 4. According to the applicant, Police could not collect any evidence, on the basis of which, an 3 2025:HHC:30320 inference can be drawn that the applicant has committed the offence. 5. It is the further case of the applicant that he belongs to a respectable family and no fruitful purpose will be served by keeping him in judicial custody, that too, for indefinite period. 6. The applicant has tried his luck by moving Cr. M.P. (M) No. 1190 of 2025, before this Court, which has been dismissed, vide order dated 2.6.2025. Thereafter, he has again moved Cr. M.P. (M) No. 2000 of 2025, but the same was dismissed as withdrawn on 18.8.2025. 7. Another fact, which has been highlighted is that during pendency of the case before the learned trial Court, the matter has been compromised between the applicant and the complainant and the applicant has filed Cr. MMO No. 628 of 2025, which is pending adjudication before this Court. 4 2025:HHC:30320 8. Lastly, it has been pleaded that the learned trial Court has not even framed the charges, against the applicant. 9. Apart from this, Mr. Ajay Kochhar, learned Senior Advocate, assisted by Mr.K.S. Gill, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 10. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial. 11. When put to notice, the police has filed the status report, disclosing therein, that on 15.02.2025, victim-respondent No.2, along with Smt. Sudesh, Anil Kumar, Nitin Sharma, Pradeep Thakur, Arun Kumar and Dharmender etc., appeared before the Police and moved a complaint, mentioning therein, that she is resident of the address, as mentioned in the complaint. 5 2025:HHC:30320 11.1. As per the complainant, she is residing in a rented accommodation and in the year 2023, in the search of a job, whenever, she used to visit the market, a boy namely Ishu used to follow her. Thereafter, through instagram App, the said boy has started sending her messages and thereafter, they had started talking to each other. 11.2. As per the complainant, the said boy introduced himself as Pandit (Sharma). During their continuous conversation, according to the complainant, accused Ishu expressed his intention to marry her. 11.3. After few months, the complainant came to know about the fact that the name of Ishu is Ishaq Ali. When the victim inquired from the accused as to why he had introduced himself as Pandit, then, accused told her that since, she is from Rajput community, and she would not have talked to him, therefore, he introduced himself to be the Pandit. She has further got recorded that accused Ishaq (applicant) also 6 2025:HHC:30320 disclosed to her that he is having the acquaintance with Pandits and most of his friends are Pandits. 11.4. The accused, according to the victim, pretended to be a good person and in order to impress her, always talked about the Hindu religion and also used to say that all the Muslims are not alike. Due to this fact, she came under his influence. 11.5. It is the further case of the complainant that in the month of August 2024, she had lost her father and the accused had taken the advantage of the said fact and proposed her for marriage and also impressed upon her to solemnize marriage through Court marriage and will not disclose to anyone. 11.6. Consequently, the victim came under his influence. However, on 19.10.2024, the victim came to know about the fact that the accused is already married. Due to this fact, an altercation took place between them. Thereafter, the victim had gone to the house of accused and talked to his wife. Thereafter, the victim had stopped talking to the accused. 7 2025:HHC:30320 11.7. It is the further case of the complainant that accused again started sending reels on her instagram account, showing himself to be sad. He used to come to her room forcibly and allure her to transfer his land in her name and also allure her to give divorce to his wife in order to marry her. 11.8. In the month of November, 2024, despite resistance, the accused raped the victim and due to this fact, she became pregnant. Thereafter, victim disclosed this fact to accused and impressed upon him to solemnize marriage with her immediately, but, thereafter, the behaviour of accused changed and he had started ignoring her, on the pretext that he is busy in work. 11.9. It is the further case of the complainant that despite resistance made by the victim, he used to rape her, as and when, the accused so desired. She has further got recorded in her statement that accused used to have physical relation with her, but the 8 2025:HHC:30320 complainant intend to have physical relations after the marriage. 11.10. Later on, complainant came to know about the fact that illegal activities are being carried out in his hotel. In this regard, a verbal altercation took place between them. Thereafter, accused also threatened her in the name of gangsters and also threatened not to visit his in-laws and not to disclose anything to any of his relatives, otherwise, he will get her finished. Due to this threatening, the complainant got frightened, as according to her, apart from the illegal activities in the hotel, accused also used to sell chitta. Hence, she has prayed that action be taken against the accused. 11.11 It is the further case of the Police that the applicant has moved the application for bail, before the learned Additional Sessions Judge, Nalagarh, District Solan, H.P., however, the same was dismissed, on 21.4.2025. 9 2025:HHC:30320 11.12 DNA report has also been received in this case, according to which, the applicant was not found to be the biological father of the product of conception. Charge sheet has been filed against the applicant, which is pending in the Court of learned Addl. Chief Judicial Magistrate, Nalagarh, District Solan, H.P. and the case is now fixed for Consideration on Charge. As per the status report, there are total prosecution 34 witnesses. 12. On the basis of the above facts, a prayer has been made to dismiss the present application. 13. The prosecutrix has also been impleaded as respondent No. 2, in the present case, who has appeared in person, alongwith her counsel and stated that she does not want to file any objections to the bail application. 14. Investigation, in the present case, is complete and the applicant is in judicial custody. Meaning thereby, the custodial interrogation of the applicant is no longer required by the Police. 10 2025:HHC:30320 15. The applicant is permanent resident of District Solan, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial. 16. Moreover, plea of compromise, taken by the petitioner, having been taken place between him and respondent No. 2, can be taken into consideration, at the time of deciding the question of bail. 17. Earlier the bail application was dismissed as withdrawn on 18.8.2025. Thereafter, the present application seems to have been filed, on the basis of compromise, which according to the petitioner, has taken place between petitioner and respondent No. 2. The factum of compromise can be said to be the change in circumstances. As such, the present application is maintainable, before this Court. 18. No other case is found to have been registered against the applicant, as such, presumption of 11 2025:HHC:30320 innocence is still available to him, till his guilt is proved by the prosecution, during trial. 19. 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. 20. At the time of deciding the bail application, detailed discussion about the merits of the case, should be avoided, as detailed discussion about the merits of the case, would cause prejudice to the case of the prosecution, as well as, to the case of the accused. 21. Moreover, at the time of deciding the bail application, the focus of the Court should mainly be on the relevant factors, i.e. personal liberty, flight risk and potential interference, with the investigation or the witnesses. 22. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 12 2025:HHC:30320 23. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 11 of 2025, dated 15.2.2025, under Sections 64, 69, 115(2), 351 (2), 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. 24. 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 d) Applicant shall not leave the territory of India without the prior permission of the Court. 25. 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. 13 2025:HHC:30320 26. 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. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail Kishanpura, Nalagarh-Baddi, through e-mail, with a direction to enter the date of grant of bail in the e- prison software. 28. 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, Kishanpura, Nalagarh Baddi is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Sub-Jail, Kishanpura, Nalagarh, Baddi, 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 14 2025:HHC:30320 month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge 5th September, 2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.09.05 17:07:45 +0000