1 ( 2025:HHC:33514 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2309 of 2025 Reserved on:- 24.09.2025 Date of Decision: 26.09.2025 Pradeep Kumar …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person, with Mr. Deepak Kaushal, Senior Advocate, assisted by Mr. Aditya Chouhan and Mr. Abhishek Verma, Advocate. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General, assisted by Inspector, Priyanka Chauhan, SHO, Police Station, Renukaji, (Incharge SIT). Virender Singh, Judge Applicant-Pradeep Kumar, apprehending his arrest, in Case FIR No.103 of 2025, dated 07.09.2025, registered under Sections 75, 78 & 79 of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the BNS), with Police Station, Sadar Nahan, Tehsil Nahan, District Sirmaur, H.P., has filed the present application, under Section 482 of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:33514 ) 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, Sadar Nahan, District Sirmaur, H.P., 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 the present case. 4. According to the applicant, he is working as a Security Guard, on outsource basis, with Dr.Y.S. Parmar, Government Medical College and Hospital, Nahan and was performing his duties, honestly and diligently. The FIR in question, is stated to be registered against him, falsely and he has termed the case, as alleged against him, in the FIR, as false and concocted one. 5. The applicant had earlier tried his luck by moving the similar application, before the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P., however, his application has been dismissed vide order dated 16.09.2025. 3 ( 2025:HHC:33514 ) 6. It is the further case of the applicant that he is having deep roots, in the society and having no criminal antecedents. 7. On all these facts, Mr. Deepak Kaushal, Senior Advocate, assisted by Shri Aditya Chouhan and Mr. Abhishek Verma, Advocates, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any directions given to the police under Section 482 of BNSS. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 07.09.2025, complainant made a complaint to Police Station, Sadar Nahan, mentioning therein the following facts:- “It is submitted that the Internal Complaints Committee (under POSH Act, 2013) of Dr. YSPGMC, Nahan, has received written complaints against Sh. Pradeep Kumar, Security Guard (Suspended), Dr. YSPGMC, Nahan, regarding his inappropriate behaviour towards interns of this institution (Copies attached), As per the statements recorded from the complainants, prima facie it appears to be a case of sexual harassment. Therefore, you are kindly requested to register the case under section 509 of the Indian Penal Code against the respondent. Sh. Pradeep Kumar. S/o Sh. Om Prakash. Vill. Dhaun, PO Rama, Tehsil Nahan, Distt. Sirmaur. HP, under the relevant provisions of law and take necessary action in the matter.” 4 ( 2025:HHC:33514 ) 9.1. Apart from the said complaint, another complaint made by 20 other female Doctors were also received. 9.2. On the basis of the above facts, police registered the FIR in question and criminal machinery swung into motion. 9.3. On 10.09.2025, spot was visited and spot map was prepared. Photographs were also clicked. The statements of the 14 victims were recorded, under Section 180 of BNSS. On 15.09.2025, the statements of the other witnesses were recorded, under Section 183 of BNSS, by producing them, before the Court of learned Chief Judicial Magistrate, Nahan. Thereafter, on 16.09.2025, 5 member SIT, was constituted, under the leadership of Inspector Priyanka. 9.4. It is the further case of the police that during investigation 20 intern Doctors made a complaint to HOD (ENT), being the Chairperson, Internal Committee, under POSH Act and Committee, thereafter, made a recommendations to register the FIR. As per the case of the police that applicant Pradeep Kumar, is harassing the intern Doctors, by following them and harassing them. The mobile phone of the applicant, is also stated to be required for investigation. 5 ( 2025:HHC:33514 ) 9.5. Lastly, it has been pleaded that his application has been dismissed, by the Court of learned Additional Sessions Judge, Nahan, on 16.09.2025. The applicant is a clever person and in case, the relief, as prayed, in the application is given, he may influence the investigation and may again commit the same offence. 9.6. On the basis of the above facts, interim protection was given to the applicant and matter has been adjourned for 24.09.2025. 9.7. On 24.09.2025, the police has filed the supplementary status report, disclosing therein, that investigation is still going on. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. In this case, a futile attempt has been made by the learned Additional Advocate General, by arguing that the investigation is still going on and the mobile phone of the applicant, is yet to be taken into possession to ascertain the fact, whether, the digital evidence is there or not. 12. From the above submissions, the police is not able to make out a case for custodial interrogation, in the present case. 6 ( 2025:HHC:33514 ) 13. Except the present case, no other case has been found to be registered, against the applicant. 14. The role allegedly attributed to the applicant in the crime in question, would be proved, during the trial and bail application cannot be rejected, as a matter of punishment, as rejection of the present application, would be nothing, but remanding him to police custody or judicial custody. 15. Considering the maximum punishment provided for the offences, levelled against the applicant, the interim order dated 17.09.2025, is liable to be confirmed. 16. Moreover, the applicant is permanent resident of District Sirmaur, as such, it cannot be apprehended that in case, interim order is made absolute, he may not be available for the trial. 17. Consequently, interim order, dated 17.09.2025 passed in the application, is made absolute and the applicant is ordered to be released on bail, arising out of FIR No.103 of 2025, dated 07.09.2025, registered under Sections 75, 78 & 79 of BNS, with Police Station Sadar Nahan, District Sirmaur, H.P., subject to his furnishing personal bond, in the sum of Rs.50,000/- with one surety, in the like amount to the satisfaction of the Investigating Officer. 7 ( 2025:HHC:33514 ) 18. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so 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 the appropriate applications; 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 19. 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. 20. It is made clear that the respondent-State is at liberty to move appropriate application, in case, any of the bail conditions is found violated by any of the applicant. (Virender Singh) Judge September 26, 2025 (subhash)