2025:HHC:34396 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No.: 2278 of 2025 Reserved on : 08.10.2025 Decided on : 10.10.2025 Karan Gupta …Applicant Versus State of H.P. & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. Mohar Singh, Advocate. For the respondent : Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocate Generals, assisted by HC Vineet No. 202, Police Station, Dhalli, for respondent No.1. None for respondents No.2 and 3. Virender Singh, Judge Applicant Karan Gupta has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 47 of 2025, dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:34396 2.4.2025, registered under Sections 137 (2) and 65(1) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), and Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act), with Police Station, Dhalli, District Shimla, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case. 3. Investigation, in the present case, is stated to be completed, as Police, after completion of investigation, has filed the charge-sheet. He has termed the entire case of the prosecution, as false. 4 The bail has also been sought on the ground that during the investigation, Police could not collect any iota of evidence, against the applicant, to connect him with the crime in question. 5. The applicant has tried his luck by moving application before the Court of learned Additional Sessions Judge, Fast Track Special Court 3 2025:HHC:34396 (Rape/Pocso), Shimla, H.P., however, his application was dismissed on 6.9.2025. 6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 8. In this case, complainant, as well as, the child victim, have been impleaded as respondents No. 2 and 3, however, respondent No. 2, has, though, put appearance, on 22.9.2025, but, thereafter, he has not bothered to put appearance, before this Court, whereas, respondent No. 3 could not be served, as she had gone to her native place, in Bihar, as mentioned in the status report, filed on 24.9.2025. 9. Respondent No. 1-State has filed status report, disclosing therein that on 2.4.2025, complainant appeared before the Police and submitted a complaint, disclosing therein that his younger sister 4 2025:HHC:34396 (child victim) is missing. According to him, he is residing in Shimla, for the last 18 years. He has further stated that there are five members in his family and the child victim is his youngest sister and aged about 14 years. She is stated to have come from Bihar about one month ago. 9.1 It is the further case of the complainant that on 1.4.2025, at about 12:45 p.m., she had left home on the pretext that she is going to visit Dhingu Mata Temple, along with her friends. However, she has not returned back, till 5:00 p.m. Thereafter, she was searched for, but could not be found. 9.2 On the basis of above facts, Police registered the case under Section 137(2) of the BNS and investigation was entrusted to ASI Pawan Kumar. 9.3 During investigation, sister of the child victim disclosed that the child victim used to talk to a person, namely Karan, on phone, who is having mobile phone number 81463-74964, upon which, call details of said mobile number were obtained. 5 2025:HHC:34396 9.4 On analysis, it was found that from mobile No. 81463-74964, calls were made to phone No. 91313-60724. The location of mobile phone number 81463-74964, on 31.3.2025 was found to be in Delhi area and on 1.4.2025 from 10:00 a.m. to 12:15 p.m., the location was found to be at Sanjauli. Thereafter, location of the same was again found in Delhi. 9.5 On 2.4.2025, location of mobile of accused was found in Gurugram (Haryana), upon which, telephonic information was given to the Police of Police Station, Rajendra Park. Thereafter, ASI Balwinder Singh No. 677, who was posted in Police Post, Dhankot, under Police Station Rajindra Park, noticed a boy and a girl, standing on the side of the road, near HDFC Bank. 9.6 On inquiry, said girl has disclosed her name as Child Victim, whereas, the boy disclosed is name as Karan (applicant). During investigation, the child victim identified the spot, from where, the physical evidence, was collected. Statement of the Child Victim, 6 2025:HHC:34396 under Section 180 of the BNSS was recorded. On 5.4.2025, the child victim was produced before the learned JMFC-3, Shimla, where her statement was recorded under Section 183 of BNSS, in which, she has alleged against the applicant that despite her resistance, he had made physical relations with her. In addition to this, she has also alleged against the applicant that he has enticed her away, upon which, the Police has added Section 65(1) of the BNS and Section 4 of the POCSO Act. 9.7 The child victim was medico-legally examined and the physical evidence, so collected by the Doctor, was handed over to the Police. Applicant was arrested on 5.4.2025. He was also medico-legally examined. The physical evidence, so collected, by the Doctor was sent to SFSL, Junga. 9.8 During investigation, record pertaining to the date of birth of the child victim, was obtained, according to which, her date of birth was found to be 1.1.2011. 7 2025:HHC:34396 9.9 After receiving the report from the SFSL, Junga, record of the DNA report and the report about other articles, which were sent to SFSL, Junga, Police filed the charge sheet, before the learned trial Court and the case is now stated to be listed on 15.10.2025, for prosecution evidence. 9. On the basis of above facts, a prayer has been made to dismiss the bail application. 10. In this case, learned counsel for the applicant has also placed on record the print out of the statement of the Child Victim, recorded on 23.8.2025 to demonstrate that the Child Victim has not supported the case of the prosecution and has been declared hostile. 11. So far as the argument of learned counsel for the applicant, qua the fact that the Child Victim, appeared before the learned trial Court, turned hostile and has not supported the case of the prosecution, is concerned, evidence of the hostile witnesses does not efface from the record and it is the sole prerogative of 8 2025:HHC:34396 the learned trial Court to consider the evidence of the prosecution witness, even when turned hostile, and the said prerogative, while discussing the evidentiary value of the statement of the child victim, cannot be snatched away, by this Court, while deciding the bail application. 12. Moreover, considering the age of the applicant, which has been mentioned in the status report, as 20 years, this Court is of the view that since the child victim has already been examined, the dismissal of the application, would be nothing, but pre-trial punishment, which is prohibited, under the law. 13. In case, the applicant is ordered to be remanded to judicial custody, that too, in the company of hardened criminals, it would adversely affect the future of the applicant. 14. Except the present case, no other case is stated to have been registered, against the applicant. 9 2025:HHC:34396 As such, presumption of innocence is still available to the applicant. 15. The detailed discussion about the case of the prosecution, at the time of deciding the bail application, should be avoided, as the purpose of a bail hearing is not to decide the guilt or innocence of the accused, which would be proved during the trial. 16. So far as objection of learned Addl. A.G. qua the fact that applicant is resident of Bihar and he may not be available for trial, is concerned, for that apprehension, reasonable conditions can be imposed, upon the applicant, in case, he is ordered to be released on bail. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 47/2025, dated 2.4.2025, under Sections 137 (2) and 65(1) of the BNS, and Section 4 10 2025:HHC:34396 of POCSO Act, registered with Police Station, Dhalli, District Shimla, HP. on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of the learned trial Court. 19. This order, however, shall be subject to the following conditions:- a) Applicant shall 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 application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case, in any manner, whatsoever; c) 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) Applicant shall not leave the territory of India without the prior permission of the Court. 20. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the 11 2025:HHC:34396 merits of the case, as these observations are confined, only to the disposal of the present bail application. 21. 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. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Kanda, Shimla, through e-mail, with a direction to enter the date of grant of bail in the e- prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Model Central Jail, Kanda, Shimla is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Model Central Jail, Kanda, Shimla 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 12 2025:HHC:34396 month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge October 10, 2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.10.10 14:39:29 +0000