1. ( 2025:HHC:30679 ) . IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2028 of 2025 Reserved on:- 05.09.2025 Date of Decision: 09.09.2025 Amit Kumar …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 : Mr. K.S. Gill and Ms. Deepmala, Advocates. For the respondents : Mr. H.S. Rawat, Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, for respondent No.1/State. Respondent No.2 in person, with Ms. Neha Thakur, Advocate. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Amit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.0018 of 2025, dated 25.07.2025, registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:30679 ) . (hereinafter referred to as the ‘BNS’), with Women Police Station, BCS, District Shimla, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, at the instance of the complainant. 3. It is the further case of the applicant that no evidence could be collected by the police to connect him, with the crime in question. 4. It has been pleaded that it is the case of respondent No.2 (complainant) that she remained in the company of applicant for about four years and she was a married lady, having a son. All these facts, have been pleaded to show that the alleged relationship was a consensual relationship. 5. According to the applicant, investigation in the present case, is completed and no useful purpose would be served, by keeping him, in the judicial custody. 6. On the basis of the above facts, Mr. K.S Gill and Ms. Deepmala, Advocates, appearing for the applicant, have 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. 3. ( 2025:HHC:30679 ) . 7. On the basis of the above facts, a prayer has been made to allow the bail application. 8. When, put to notice, the police has filed the status report, disclosing therein, that on 25.07.2025, a Zero, FIR No.4 of 2025, dated 25.07.2025, registered, under Section 69 of BNS, was received from Women Police Station, Solan, upon which, the present FIR has been registered. 8.1. As per the contents of Zero FIR, respondent No.2- prosecutrix has got recorded that she is resident of ABC place and the applicant was introduced to her by her friend, as her relative. 8.2. According to the prosecutrix, she is a divorcee lady and having a son. She met with Amit Kumar (applicant) in the month of September, 2022 and he was also apprised about the fact that she is a divorcee. However, Amit Kumar (applicant) had raped her, on the pretext of marriage and assured her to solemnize the marriage and also adopt her son. Under this pretext, he had raped her for a period of four years and whenever, she insisted him to solemnize marriage, he used to put off the matter, on one pretext or the other. 8.3. As per the further case of the prosecutrix, on 10.09.2022, applicant took her to Hotel at Shimla, where, they 4. ( 2025:HHC:30679 ) . stayed during the night time, where, she was allegedly raped on 5-6 occasions. Applicant allegedly also given him some medicine, so she could not conceive. She has reiterated that the applicant raped her, on the pretext of marriage. Thereafter, on 17.10.2022, 17.10.2023 and 02.11.2023, the applicant took her to a Hotel at Chandigarh, where, physical relations were again made and also he took her to Amritsar, Ambala, Pinjore, Shimla, Mysore, Chandigarh, as well as, at his home at Amritsar. On 22.01.2025, an ultrasound was got conducted and on 31.01.2025, applicant had allegedly given a medicine for miscarriage. 8.4. Lastly, she has got recorded that she was repeatedly raped by the applicant, on the pretext of marriage and now, he has refused to solemnize the marriage. 8.5. On the basis of the above facts, a prayer has been made to take action against the applicant and FIR in question was registered and criminal machinery swung into motion. 8.6. As per the status report, on 25.07.2025, the prosecutrix was medico legally examined at DDU Shimla. Her statement, under Section 180 of BNSS was recorded. Thereafter, she was produced before the Court of learned 5. ( 2025:HHC:30679 ) . Judicial Magistrate First Class, Court No.V, Shimla, where, her statement, under Section 183 of BNSS was recorded. 8.7. During investigation, on 30.07.2025, the prosecutrix has got identified the places, where, she was allegedly raped by the applicant. On 11.08.2025, applicant was arrested and he was also medico legally examined. During investigation, all the places, were got identified by the applicant, where, he has allegedly stayed with the complainant and raped her. 8.8. The mobile phones of the applicant, as well as, the prosecutrix were sent to SFSL Junga, from where, the report is still awaited. 8.9. Lastly, it has been stated that the applicant is a very clever person and had raped the prosecutrix from the years 2022 to July, 2025, on the pretext of marriage and in case, he is released on bail, he may coerce the witnesses. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. In this case, the prosecutrix has put appearance through her counsel and filed the Cr.MP No.3947 of 2025, in which, she has pleaded that she has no objection, if the bail is allowed. In the affidavit, the prosecutrix had given her age at about 31 years. 6. ( 2025:HHC:30679 ) . 12. From the status report, it has not been pointed out that the custodial interrogation of the applicant is required by the police, as it has been pleaded that only the reports regarding the mobile phones of the prosecutrix and applicant, as well as, the physical evidence, so collected, by the Doctors are awaited from SFSL Junga. 13. The facts, as to whether, the relationship between the applicant and prosecutrix was consensual relationship or not and that the applicant raped the prosecutrix, on the pretext of solemnizing the marriage, will be proved during the trial. The chances of conclusion of trial against the applicant are no so bright, as such, no useful purpose would be served, by keeping him in judicial custody. 14. The stand of the applicant qua their consensual relationship cannot be thrown out, at this stage, from the stand, as taken by the prosecutrix. According to her, their relationship continued, for about three years and that too at various stations as mentioned, in the status report. 15. So far as the arguments of learned Additional Advocate General, qua the fact that the applicant is resident of adjoining State i.e. Punjab, he may not be available for the trial and in case, ordered to be released on bail, are concerned, for 7. ( 2025:HHC:30679 ) . those apprehensions, reasonable conditions can be imposed upon the applicant, in case, he is ordered to be released on bail, during the pendency of the trial. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail, in case FIR No.0018 of 2025, dated 25.07.2025, registered under Section 69 of BNS, with Women Police Station, BCS, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/-, with two sureties, in the like amount, to the satisfaction of learned trial Court. 18. This order, however, shall be subject to the following conditions:- a) 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court. 19. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the 8. ( 2025:HHC:30679 ) . case, as these observations are confined, only to the disposal of the present bail application. 20. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kaithu, Shimla, District Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kaithu, Shimla, District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla, District Shimla, H.P. The Superintendent of Jail, Kaithu, Shimla, District Shimla, Himachal Pradesh, 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 09, 2025 (subhash) RAJNI Digitally signed by RAJNI Date: 2025.09.09 11:03:26 +0530