1 2025:HHC:30671 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 2043 of 2025 Reserved on : 05.09.2025 Decided on : 09.09 .2025 Kushal Dutt …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Anil Kumar Manget, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, assisted by ASI Shanta Kumar, Police Station Renuka Ji, District Sirmour, H.P. Virender Singh, Judge. Applicant-Kushal Dutt has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:30671 seeking his release on bail, during the pendency of trial, arising out of FIR No. 55 of 2025, dated 8th July, 2025, registered with Police Station Rajgarh, District Sirmaur, H.P, under Sections 75 (2) & 78 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’) and Sections 8 & 12 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’). 2. According to the applicant, he is a reputed person in the society and is innocent, as, he has falsely been implicated, in this case, though, having no involvement, in the case, in any manner. 3. The stand of the applicant is that false and baseless allegations have been levelled against him, without there being any rhyme and reason. 4. As per the applicant, the investigation, in the case, is completed and his mobile phone has been taken into possession, by the Investigating Officer. 5. It is the further case of the applicant that no recovery is to be effect from him and there is neither any iota of evidence nor even a whisper in the entire 3 2025:HHC:30671 prosecution investigation to prove the involvement of the applicant, in the present case. 6. Earlier, the applicant has tried his luck by filing anticipatory bail, being CrMP (M) No. 1631 of 2025, before this Court, however, the same has been dismissed, vide order, dated 17th July, 2025. 7. On the basis of the above facts, Mr. Anil Kumar Manget, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the bail application and release the applicant, on bail, during the pendency of the trial. 9. When put to notice, the police has filed the status report, disclosing therein, that on 8th July, 2025, a zero FIR No. 002 of 2025, under Section 75 (2) &78 of the BNS and Sections 8 & 12 of the POCSO Act, was received at Police Station Rajgarh, through Online CCTNS Application, from Women Police Station Solan, wherein it 4 2025:HHC:30671 has been recorded that the complainant appeared before the police, disclosing therein, that her daughter (child victim), aged about 14 years, is studying in 10 + 1 class I Government Senior Secondary School ‘Y’ (name withheld). 9.1. The complainant has further alleged that applicant-Kishan Dutt was earlier posted in School ‘X’ and two years ago, he was posted in School ‘Y’. It is the further case of the complainant that the applicant, through the friend of the child victim, who is also the class fellow of the child victim, used to make phone calls and SMS, for the child victim, for a quite long time. He has also expressed his intention to the friend of the child victim for having the physical relations with the child victim. When, the child victim came to know about this fact, then, she had collected the evidence against the applicant and has informed the school teachers. 9.2. The complainant has further alleged that the applicant, through the friend of the child victim, had tried to call her to Solan, but, he could not succeed. Due to the act of the applicant, the child victim got mentally 5 2025:HHC:30671 disturbed. As such, a prayer has been made to take action. 9.3. On the basis of the above facts, the police registered the case and the criminal machinery swung into motion. The child victim was associated in the investigation. Her statement, under Section 180 of the BNSS, was got recorded. As per her statement, the application, by making chat/messages, with the friend of the child victim, had talked about having the physical relations with the child victim. 9.4. As per the status report, the statements of the friends of the child victim, have been recorded, in the presence of their mothers, by visiting their houses. The mother of the child victim (i.e. complainant) has also produced the printout of the Instagram messages, which were allegedly sent by the applicant, to the friend of the child victim, wherein, he has written ‘maine to sex karna tha’. The said printout has also been taken into possession. 9.5. It has been mentioned in the status report that the mobile phone of the applicant has been taken into 6 2025:HHC:30671 possession. On 14th July, 2025, the child victim and her friend were produced before the Court of learned Judicial Magistrate First Class Rajgarh, Camp at Sarahan, where, their statements, under Section 183 of the BNSS, have been recorded. Both, the child victim and her friend, have confirmed the allegations levelled against the applicant, whereas, the another friend of the child victim has refused to make the statement in Court. 9.6. Thereafter, the Service Provider has been requested to provide the CDRs of the applicant, child victim, as well as, her friend. The CDRs of the mobile phone of the applicant have been provided by the Service Provider. On perusal, it has been found that on 20th June, 2025, the applicant had made calls on five occasions, on the mobile phone of the friend of the child victim between 05.06 p.m. and 05.50 p.m., which were recorded by the friend of the child victim and forwarded to the child victim, however, the said recordings were found to have been deleted. On 16th July, 2025, the mother of the friend of the child victim produced her mobile phone, which was also taken into possession. 7 2025:HHC:30671 9.7. It is the further case of the police that the applicant was posted as teacher in Government Senior Secondary School ‘Y’, where, the child victim and her friends are studying. The applicant is now stated to have been transferred and posted at School ‘X’. 9.8. As per the status report, the documents pertaining to the child victim and her friends have been procured, which depict that they are minors. 9.9. During investigation, it has been found that the applicant has deleted the Instagram chat, as well as, the data of the phone, as such, Section 238 (3) of the BNS has been added, in this case. 9.10. According to the police, since, the applicant has used Instagram for having vulgar chat with the child victim, as such, Section 67 (A) of the IT Act, has also been added, in this case. 9.11. During investigation, provisions of Section 8 of the POCSO Act were not found to be attracted, in this case, hence, Section 8 of the POCSO Act has been deleted. 8 2025:HHC:30671 9.12. As per the status report, the investigation, in this case, is complete and the charge sheet has been filed, in the competent Court of law. 9.13. Apart from the present case, no other case is found to have been registered against the applicant. 10. On the basis of the above facts, a prayer has been made to dismiss the bail application. 11. The role allegedly played by the applicant, in the commission the alleged crime, will be proved during the trial and the chances of conclusion of the trial, against the applicant, in near future, are not so bright. 12. Moreover, a person cannot be kept in judicial custody just to punish him, as, pre-trial punishment is prohibited under the law. 13. Except the present case, no other case is reported to have been registered against the applicant, nor, it has been argued by the learned Additional Advocate General, as such, presumption of innocence is still available to the applicant. 14. Moreover, keeping in view the punishment provided for the offences, for which, he has been charge- 9 2025:HHC:30671 sheeted, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 15. Considering all these facts, the applicant is able to make out a case, for his release on bail, during the pendency of the trial. As such, the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 55 of 2025, dated 8th July, 2025, registered with Police Station Rajgarh, District Sirmaur, H.P, under Sections 75 (2), 78 and 238 (3) of the BNS, Sections 12 of the POCSO Act and Section 67A of the IT Act, on his furnishing bail bonds, in the sum of 50,000/-, with ₹ one surety of the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions: a) The applicant shall make himself available for the purpose of interrogation, if so required and 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; 10 2025:HHC:30671 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. 17. 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. 18. 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. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, is directed to inform this fact to the Secretary, DLSA Sirmaur. 11 2025:HHC:30671 The Superintendent of Jail, Model Central Jail, Nahan, 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 ( rajni ) RAJNI Digitally signed by RAJNI Date: 2025.09.09 10:41:58 +0530