IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 2631/2024 Decided on: 09.01.2025 Amlesh Yadav alias Kamlesh ...…Petitioner Versus State of H.P. …… respondent …………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sangram Singh Chandel, Advocate. For the respondent : Mr. L.N. Sharma, Additional Advocate General. HC Naresh No. 35 I/O P.S. Nalagarh, Police, District Baddi, present in person. Jyotsna Rewal Dua, J The petitioner has moved this bail petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) in FIR No.199/2021, dated 05.07.2021, registered under Sections 363, 365, 366A, 376, 506, 34 of the Indian Penal Code and Sections 4 and 18 of the Protection of Children from Sexual Offences (POCSO) Act, at Police Station Nalagarh, District Solan, H.P. 2. The petition was moved primarily on the ground of delay in trial. Following order was passed in the matter on 01.01.2025:- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 “It appears that the matter is being adjourned before the learned Trial Court at the instance of prosecution for recording statements of remaining three prosecution witnesses. 2. Learned counsel for the petitioner has placed on record zimni orders passed by the learned Trial Court on 25.06.2024, 24.09.2024 and 24.10.2024, to demonstrate that prosecution has not produced PW at Sr. No.8 of the Main Challan and PWs at Sr. No.1 and 2 of the First Supplementary Challan despite grant of opportunities. 3. Learned Deputy Advocate General was directed to have instructions about the remaining three prosecution witnesses. On instructions, learned Deputy Advocate General submitted that PWs at Sr. No.1 & 2 of the First Supplementary Challan are Police officials and at Sr. No.8 of the Main Challan is an independent witness belonging to the State of Bihar. 4. Learned counsel for the parties jointly apprised that the matter is now fixed before the learned Trial Court on 08.01.2025 though for proper order as on the previous date of listing, learned Presiding Officer was not available. 5. Learned Deputy Advocate General undertakes to produce PWs at Sr. No.1 & 2 of the First Supplementary Challan i.e. the Police Officials before the learned Trial Court on 08.01.2024 for the purpose of their examination, in accordance with law. Learned counsel for the petitioner submits that no adjournment shall be taken for the aforesaid purpose on behalf of the accused persons. Learned Deputy Advocate General has also assured that no adjournment shall be taken by the State for examining the aforesaid prosecution witnesses. It shall be ensured by the respondent-State that aforementioned PWs shall remain present before the learned Trial Court for their examination. It is ordered that upon prosecution witnesses No.1 & 2 of the First Supplementary 3 Challan remaining present before the learned Trial Court, the same shall be examined irrespective of the fact that the matter is stated to be fixed on that date for proper order. List on 09.01.2025.” 3. Learned Additional Advocate General has apprised that the direction in the afore-extracted order, has now been complied with. Remaining prosecution witnesses have been duly examined before the learned Trial Court. Prosecution has completed its evidence. 4. In view of above, learned counsel for the petitioner sought permission to withdraw the present petition. Accordingly, the present petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua, Judge 09th January, 2025 (rohit)