12025:HHC:6383 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2787 of 2024 Decided on : 17.3.2025 Vishal …Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. R.L. Chaudhary, Advocate. For the Respondent : Mr. Varun Chandel, Additional Advocate General, assisted by S.I. Moti Ram Sharma, P.S. Dharampur, Solan, H.P., for respondent No. 1 Respondents No. 2 and 3 in person. Virender Singh, Judge (oral) The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 159 of 2024, dated 14.11.2024, registered under Sections 137 (2) and 64 of the 22025:HHC:6383 Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’), with Police Station, Dharampur, District Solan, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he has completed his ITI in Electric Trade. He has averred that his father is a labourer. 4. According to the applicant, he received a follow request from the child victim on Instagram, which he has accepted. Thereafter, they remained in touch with each other. 5. The applicant has averred that the child victim pretended herself to be major and she 32025:HHC:6383 telephonically, as well as, through whatsapp, invited the applicant to Solan Bus Stand, on 12.11.2024. The child victim also convinced the applicant that she will not return to her home and intends to live with him. Consequently, the applicant and the child victim had gone to Palampur and resided there, till 28.11.2024. Thereafter, the present case is stated to have been registered, against the applicant, which is stated to be false. 6. The applicant has put forward his young age, as one of the grounds, seeking relief of bail. 7. On the basis of above facts, Mr. R.L. Chaudhary, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 8. On the basis of above, applicant has sought the relief, as claimed in the present bail application. 9. When, put to notice, the Police filed status report, disclosing therein that on 14.11.2024, the 42025:HHC:6383 complainant moved a complaint, before the Police, disclosing therein that her daughter (child victim) had left the house, without disclosing to anyone. The child victim is stated to be studying in 9th standard in Govt. Senior Secondary School ‘X’ (name withheld). 9.1 According to the complainant, on 12.11.2024, when, she returned back to her house, the child victim was not found there. Efforts to trace her are stated to have been made. Thereafter, one of her class- mates disclosed that she is not attending the school, from the last one week. On checking, her school bag and books, were also not found. 9.2 According to the complainant, when her brother checked the CCTV footage, then, it was found that the child victim had left alongwith the school bag. She has given the date of birth of the child victim, as 21.9.2008. 9.3 On the basis of above facts, the Police registered the case, against the applicant. The documents regarding the date of birth of child victim, 52025:HHC:6383 were obtained, according to which, her date of birth is 21.9.2008. 9.4 It has been mentioned in the status report that on 29.11.2024, the child victim was produced by the family of the applicant, in the presence of the complainant. Thereafter, statements of witnesses were recorded under Section 180 of BNSS. 9.5 As per the status report filed by the Police, firstly, the child victim refused to get herself medico legally examined, however, after counselling, she got ready to get herself examined. Consequently, the Doctor conducted her medical examination. Physical evidence, so collected, was handed over to the Police. 9.6 It has been further stated in the status report that on 30.11.2024, the child victim was produced before the Court of learned Addl. CJM, Kasauli, where her statement, under Section 183 of the BNSS, was recorded. She has disclosed in her statement that the applicant has made physical relations with her, upon which, the Police registered a case against him, under 62025:HHC:6383 the provisions of Section 64 of the BNS and Section 6 of POCSO Act. The applicant is stated to have joined the investigation and he was also medico-legally examined. 9.7 In the status report, it has also been mentioned that the applicant enticed away the child victim and both of them had stayed in a home stay for 15 days, where she was physically ravished. It has also been stated in the status report that due to the act of the applicant, there is lot of resentment in the area. 9.8 In the status report, which has been filed on 24.1.2025, it has been mentioned that the investigation, in the present case, is complete. 9.9 On notice, today, the complainant, as well as, her daughter (child victim) put appearance. 10. Considering the fact that the investigation, in the present case, is complete, and the child victim had initially refused to get herself medically examined, who, on counselling, got ready to be examined, this Court is of the view that no useful purpose would be served by 72025:HHC:6383 rejecting the bail application, as pre-trial punishment is prohibited, under the law. 11. The applicant is a young man of 24 years, and in case, his bail application is dismissed, then, certainly, he will be remanded to police/judicial custody, and the said fact would certainly affect his future. 12. The role, allegedly played by the applicant, in the commission of offences, will be proved during the trial. At the time of deciding the bail application, the detailed discussion about the material collected by the I.O. should be avoided, as it would cause prejudice to the case of prosecution or to the case of accused. 13. The chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright, as no useful purpose would be served by rejecting the bail application. 14. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation. Cosequently, applicatio is allowed and the interim order dated 9.12.2024 is 82025:HHC:6383 liable to be made absolute. As such, the interim order dated 9.12.2024 is made absolute, subject to conditions No. (ii) to (v), as enumerated in the order dated 9.12.2024. 15. 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 case, as these observations, are confined, only, to the disposal of the present bail application. 16. The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of law. 17. 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 violated by the applicant. (Virender Singh) Judge March 17, 2025 Kalpana 92025:HHC:6383