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2025 DAILYLAW 35332 (HP)

JAI PAL v. STATE OF HP

CRMPM/2496/2025 · 2025-10-29

Virender Singh

body2025

Judgment text

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( 2025:HHC:36026 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2496 of 2025 Date of Decision: 29.10.2025 Jai Pal …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. K.R. Kashyap and Mr. Raju Ram Rahi, Advocates. For the respondent : Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by SI Ramesh Chand, Police Station Brow, Tehsil Nirmand, District Kullu, H.P. Virender Singh, Judge (Oral) Notice issued against the child victim received back, after due service. Despite service, no one has put appearance on her behalf. Further wait is not justifiable. 2. Status report filed. Be taken on record. Copy supplied. 3. By way of the present application, indulgence of this Court has been sought to release the applicant-Jai Pal, who has been arrested in the present case, bearing 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:36026 ) FIR No.15 of 2025, dated 22.02.2025, which has been registered under Sections 333, 191(2), 190, 127(2), 351(2) & 64 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) and Section 6 of Protection of Children from Sexual Offences Act, (hereinafter referred to as ‘ POCSO’)Act, 2012, with Police Station, Brow, District Kullu, H.P. 4. The ground, upon which, the interim bail has been sought is the marriage of the cousin of applicant-Jai Pal, which according to the marriage invitation card annexed with the application, is scheduled to be now on 2nd, 3rd and 4th November, 2025. 5. When, put to notice, the police has filed the status report. As per the status report, the investigation, in the present case, is complete and after the completion of the investigation, charge sheet has been filed before the learned trial Court, i.e. learned Additional Sessions Judge-Rape-cum-POCSO at Rampur Bushehar, on 02.08.2025 and case is now listed for 30.10.2025 for the evidence of PW-1 and on 31.10.2025 for the evidence of PW-2. 6. Since the applicant is seeking the interim bail, as such, without adverting to the merits of the case, the ( 2025:HHC:36026 ) prayer for interim bail is considered and allowed and the applicant, who is stated to be lodged in Model Central Jail, Kanda, District Shimla, H.P., is ordered to be released on interim bail for four days i.e. w.e.f. 01.11.2025 to 04.11.2025, subject to furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court. “a) The 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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 OfÏcer, and d) The applicant shall not leave the territory of India without the prior permission of the Court.” 7. The applicant is further directed to surrender before the Jail authorities on 05.11.2025, before 5:00 PM, positively. ( 2025:HHC:36026 ) 8. 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. 9. 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. 10. Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Kanda, District Shimla, H.P., through e-mail with a direction to enter the date of grant of interim bail in the e-prison software. (Virender Singh) Judge October 29, 2025 (subhash) RAJNI Digitally signed by RAJNI Date: 2025.10.29 17:30:41 +0530