1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.599 of 2025 Date of Decision : 11.12.2025 Yuvraj Kumar …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner : Mr. Anirudh Sharma, Advocate. For the respondent : Mr. B.N. Sharma, Additional Advocate General. Bipin Chander Negi, Judge (oral) The present bail petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.02/2024 dated 23.01.2024, registered at Women Police Station Baddi, District Solan, Himachal Pradesh, for an offence punishable under Sections 363, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 2. Notice of the present bail petition was served upon the minor victim through her father and natural guardian, in terms of order dated 19.08.2025. In pursuance thereto, the victim along-with her mother had appeared on 19.09.2025. Thereafter, despite being aware of the pendency of the present petition, they have chosen not to appear. 3. Heard counsel for the parties and perused the status report. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 4. Initially, the victim’s mother had filed a complaint qua her daughter having gone missing. In the complaint so filed, complainant suspected foul play. In the same, it had been alleged that the minor victim aged about 15 years had left home on 20.01.2024 on the pretext of attending sewing classes, however, thereafter she never returned. The said complaint led to the filing of the FIR under Section 363 of the Indian Penal Code (kidnapping). During investigation, the victim was recovered from a rented accommodation in Gujjar Colony, Noida where the present petitioner had kept her. 5. Statements of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure confirmed that the petitioner repeatedly had physical relations with the minor victim in her room. The medical and forensic evidence collected during investigation corroborated the sexual assault alleged, in the case at hand. 6. FIR, in the case at hand, was registered on 23.01.2024. The present bail petitioner was arrested on 11.02.2024 and is presently in judicial custody. Post investigation, the Challan was filed and charge, in the case at hand, was framed on 15.05.2024. In all, there are 26 witnesses and out of them 6 have been examined. The victim and her mother’s statements have been recorded. The father has been given up. The matter is now listed for recording of 6 more witnesses w.e.f. 19.03.2026 to 21.03.2026. The zimini orders with respect to the proceedings before the Sessions Court have been placed on record. From a perusal of the same, it is evident that despite numerous opportunities having been afforded, the prosecution has failed to produce the witnesses for examination before the Court. The zimini orders 3 along-with an application bearing Cr.MP No.3160 of 2025 have been placed on record. 7. Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused. 8. In this respect, reference can be made to the decision of the Hon’ble Supreme Court in, Javed Gulam Nabi Shaikh v. State of Maharashtra, (2024) 9 SCC 813: 2024 SCC OnLine SC 1693; Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291: (2019) 4 SCC (Cri.) 184 : 2018 SCC onLine SC 478; Jagjeet Singh v. Ashish Mishra, (2022) 9 SCC 321: (2022) 3 SCC (Cri) 560: 2022 SCC OnLine SC 453. 9. The intent of the speedy trial can also be gathered from the statutory provisions of the POCSO Act, specifically Section 35 (2) thereof. The same reads as under:- “35. Period for recording of evidence of child and disposal of case.— (1) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. (2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.” 10. As per aforesaid provision of the Act, Special Court is under obligation to complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. 4 11. In the case at hand, charges were framed on 15.05.2025. The case is still at the stage of recording of evidence. Only 6 out of 26 witnesses have been recorded. The matter is now listed for recording of evidence of 6 more witnesses w.e.f. 19.03.2026 to 21.03.2026. 12. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. Punishment begins after trial. 13. While deciding an application for bail, Court should refrain from evaluating or undertaking a detailed assessment of evidence, which has the potential to prejudice either the case of the prosecution or the defence, is undesirable. 14. From the status report, so filed, it is evident that the petitioner does not have criminal antecedents. Personal liberty is a precious fundamental right. Liberty is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 15. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventive. As per the status report, bail petitioner is stated to be a resident of Village Jagdishpur, Post Office, Rahimpur, Tehsil Bhatpur Rani District Devriya, Uttar Pradesh. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 16. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner, whereby it can be made out that 5 the petitioner is likely to betray the confidence that the Court may place in him to turn out to take justice at the hands of the Court. 17. The respondent/State has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 18. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. 19. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.02/2024 dated 23.01.2024, registered at Women Police Station Baddi, District Solan, Himachal Pradesh, for an offence punishable under Sections 363, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.1,00,000/- [Rupees One lac] with one local surety in the like amount, to the satisfaction of learned trial Court. However, this bail order is subject to the following conditions:-. (i) Petitioner shall 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; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any 6 person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 20. Needless to say that the Investigating Agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 21. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail Solan, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 23. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, District Jail Solan, H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 24. The petition stands accordingly disposed of. 7 25. A copy of this order be sent to the District Jail Solan, H.P and the learned trial Court by FASTER. 26. A downloaded copy of this order shall be accepted by the learned Trial Court, while accepting the bail bonds from the petitioner and, in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court. (Bipin Chander Negi) December 11, 2025 (KS) Judge Digitally signed by GAURAV SINGH DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=b615aae6b839bd7695619d205a06 49faa3f10ee78fd5fc7d356ef93266e0ead9, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=97f5851e94d1ce4a9d9 b2419311e660ac9051e6298a507d8e42c1 1fe77a95002, CN=GAURAV SINGH Reason: I am the author of this document Location: Date: 2025-12-12 10:07:48 GAURAV SINGH