1. ( 2025:HHC:34398 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2298 of 2025 Reserved on: 09.10.2025 Date of Decision: 10.10.2025 Sohan Singh …Applicant Versus State of H.P. ...Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Anshul Bansal, Senior Advocate, with Mr. Anshul Attri and Mr. Piyush Dhanotia, Advocates. For the respondents : Mr. Tejasvi Sharma, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General assisted by ASI Pawan Kumar, Police Station Puruwala, District Sirmaur, H.P., for respondent No.1/State. None for respondents No.2 and 3. Virender Singh, Judge Applicant-Sohan Singh, has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.152 of 2025, dated 12.09.2025, registered under Sections 75(2) of Bharatiya Nyaya 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:34398 ) Sanhita (hereinafter referred to as the ‘BNS’), and Sections 8 and 10 of Protection of Children From Sexual Offences, Act, 2012 (hereinafter referred as the POCSO Act), with Police Station, Puruwala, District Sirmaur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case. 3. It is the further case of the applicant that in the said FIR, it has been mentioned that the alleged incident is two months old. This fact has been highlighted to show that FIR has been lodged after deliberations. 4. According to the applicant, he has nothing to do with the alleged offences, for which, he has been named, as accused and has been arrested. 5. Investigation, in the present case, is stated to be completed and the applicant is in judicial custody. 6. On the basis of the above facts, Mr. Anshul Bansal, Senior Advocate, assisted by Mr. Anshul Attri and Mr. Piyush Dhanotia, Advocates, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in 3. ( 2025:HHC:34398 ) case, ordered to be released on bail, during the pendency of the trial. 7. On the basis of the above facts, a prayer has been made to allow the application. 7.1. When, put to notice, the police has filed the status report, disclosing therein, that on 12.09.2025, complainant moved a complaint before the police, mentioning therein, that his daughter (child victim), is studying in School X Y Z in 5th Class. On 12.09.2025, when, he was away in connection with some work, then, the tuition teacher of the child victim, namely Baljot Kaur, called the complainant. When, he reached there, then, the child victim started weeping and disclosed to him (her father) that the applicant, who is Physical Training Teacher had done wrong act, with her and has touched her in an appropriate manner. She has also disclosed that the applicant touched her private parts inappropriately and due to the fear, she did not disclose this fact, however, the said incident is stated to be two months old. 7.2. Due to fear of the applicant, she has stopped attending the Yoga Classes and now, applicant has 4. ( 2025:HHC:34398 ) pressurize her again to join the Yoga Classes, upon which, she is frightened and disclosed to this fact to her tuition teacher, who has disclosed this fact to the complainant. 7.3. On the basis of the above facts, the applicant has prayed that the action be taken against the applicant, upon which, the police registered the FIR in question, and criminal machinery swung into motion. 7.4. On 12.08.2025, the complainant was associated and his statement was recorded, under Section 180 of BNSS. The child victim in the custody of Lady Constable No.51 and her mother was produced before the Court of learned Judicial Magistrate First Class, Court No.II, Paonta Sahib, where, her statement, under Section 183 of BNSS, was recorded. She was medico legally examined at Civil Hospital, Paonta Sahib. Thereafter, the applicant was arrested, from where, he was remanded to police custody till 15.09.2025. The documents pertaining to date of birth of the child victim was obtained from the School and as per the record, her date of birth was found to be 04.05.2015. 7.5. On 13.09.2025, the complainant along with the child victim, identified the spot. On the spot, no CCTV 5. ( 2025:HHC:34398 ) camera was found to have been installed. On 17.09.2025, record from the school was obtained and as per the record, on 05.04.2025, applicant was present in the School as PTE and he was also present on 12.06.2025. 7.6. It is the further case of the police that on 3/6, October, 2025, the lady peon, the students and teachers were associated in the investigation and their statements under Section 180 of BNSS, were got recorded. As per the statement of school Peon Pradeep Kaur, it was found that she had applied the ointment (moov) on the foot of child victim, as she was brought to her by two students. Thereafter, she again gone to her work. As per the statements of those two students, they found the child victim, near kitchen and she was feeling difficulty in walking, upon which, they had inquired from the child victim, who had disclosed that her foot has been twisted, upon which, both of them took her to school Peon Pradeep Kaur. Thereafter, both the students took the child victim to PET, Sohan Singh (applicant), in the staff room, who has made her to sit on the chair and pulled her toe cracking and did massage over her feet. 6. ( 2025:HHC:34398 ) 7.7. As per the statement of school teacher Daljeet Kaur, in the month of July, 2022, she was working in the said school and her daughter Baljeet Kaur used to impart tuition to the child victim. On 11.09.2025, during evening, she has disclosed to her that the child victim was taken to staff room, where, while giving massage to her feet, applicant had given bad touch to her. 7.8. On the basis of the above facts, a prayer has been made to dismiss the application. 8. The applicant has been arrested, in this case on 12.09.2025 and the status report is totally silent about the fact, whether, the custodial interrogation of the applicant is required or not. Even otherwise, the applicant is in judicial custody. 9. Considering the maximum punishment provided for the offences, for which, the applicant has been named, as accused and arrested, this Court is of the view that no useful purpose would be served, by keeping the applicant, in the judicial custody, that too, for the indefinite period, as the accused is presumed to be innocent unless proven guilty. 7. ( 2025:HHC:34398 ) 10. The applicant is permanent resident of Paonta Sahib, District Sirmaur, as such, it cannot be apprehended that in case, he is released on bail, he may not be available for the trial. 11. Moreover, the bail application cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law and the applicant is presumed to be innocent, till the conclusion of the trial. 12. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 13. Consequently, the applicant is ordered to be released on bail in case FIR No.152 of 2025, dated 12.09.2025, registered under Section 75 (2) of the BNS and Sections 8 & 10 of POCSO Act, with Police Station, Puruwala, District Sirmaur, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 14. This order, however, shall be subject to the following conditions:- 8. ( 2025:HHC:34398 ) 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 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. 15. 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 present bail application. 16. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 17. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail Nahan, District Sirmaur, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 9. ( 2025:HHC:34398 ) 18. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail Nahan, District Sirmaur, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan, District Sirmaur, H.P. The Superintendent of Jail, Model Central Jail Nahan, District Sirmaur, Himachal Pradesh, 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 month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge October 10, 2025 (subhash) KALPANA Digitally signed by KALPANA Date: 2025.10.10 15:07:58 +0000