2025:HHC:589 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No.2422 /2024. Date of Decision: 03rd January, 2025. Tushar Kaul .....Petitioner. Versus State of Himachal Pradesh …..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Sative Chauhan, Advocate. For the Respondent: Mr. R.K. Negi, Addl. Advocate General, for respondent-State. ASI Rakesh Kumar, IO, PS Dhalli, Shimla, HP is present in person. Bipin Chander Negi, Judge (oral). The present bail petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of anticipatory bail. The same arises out of FIR No.198 of 2024, dated 29.10.2024, registered at Police Station Dhalli, District Shimla, HP under Sections 69 and 108/62 of Bharatiya Nyaya Sanhita, 2023. 2. Heard counsel for the parties and perused the status report. 3. Brief facts giving rise to the case at hand are that the victim and the bail petitioner were classmates in 10+1 and 10+2. Thereafter, the bail petitioner was pursuing higher studies at Chandigarh, whereas the victim was staying in Shimla. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:589 4. As per the victim, since September 2021 till about December 2023, both victim and the bail petitioner were in a relationship. The relationship between the two had soured after December 2023. However, as per the victim the relationship between bail petitioner and her had revived in April/May 2024. 5. As per the victim since April/May 2024, the relationship between the two though had revived but was strained as inter se the two there were verbal quarrels during the said period. On 27.10.2024, as per the victim, a common friend of the bail petitioner and the victim had informed the latter that bail petitioner was in relationship with some other individual and was playing around with the victim. It is in the aforesaid backdrop, that the victim is alleged to have consumed herbicide. 6. Investigation is complete. Challan stands filed before the competent Court. The mobile phones of both the victim and the bail petitioner have been taken into custody. Report qua contents thereof is awaited. As and when the same is obtained, supplementary challan would be filed. No recovery is to be instituted from the present petitioner and neither custodial interrogation of the present petitioner is required. 7. From a perusal of the status report, it is evident that medical examination got done in this respect is in negative. Since in the medical report nothing was obtained, therefore, no DNA profiling was got conducted. From a perusal of the SFSL 3 2025:HHC:589 Report, it is evident that herbicide alleged to have been consumed by the victim was not detected in her blood. 8. Insofar as allegations of sexual intercourse by using deceitful means against the bail petitioner are concerned, suffice it to state at this stage that the victim is an adult. Whether sexual intercourse, if any which took place inter se the bail petitioner and the victim was consensual or indulged in by using deceitful means is a factum to be determined at the stage of trial. 9. At this stage for grant of bail, a detailed examination of the evidence should be avoided, as commenting on the evidence would cause prejudice to either of the parties. The charges against the petitioner are yet to be proved. Pre-trial incarceration is not the rule. The petitioner is a permanent resident of Flat No.3, Block-E, Shivam Regency, Kamlanagar, Chamiyana, Shimla, HP and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the petitioner can be put to terms for the purpose of safe, secure and unobstructed completion of trial. 10. Accordingly, the bail application is allowed and interim protection dated 29.10.2024 is made absolute, subject to following conditions:- (i) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.; (ii) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.; (iii) The petitioner shall not contact the complainant, threaten or browbeat him or to use any pressure tactics in any manner whatsoever; 4 2025:HHC:589 (iv) Petitioner shall not make any inducement, threat The petitioner shall not leave India without prior permission of the Court.; (v) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer; (vi) The petitioner shall inform the Station House Officer of the concerned Police Station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any 11. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. Downloaded copy of this judgment is valid for compliance. (Bipin Chander Negi) Judge 3rd January, 2025 (Gaurav Rawat)