12025:HHC:6654 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) Nos. 195 of 2025 & 209 of 2025 Decided on : 18.3.2025 1. Cr. M.P.M. No. 195 of 2025 Tek Chand …Applicant Versus State of H.P. …Respondent 2. Cr. M.P.(M) No. 209 of 2025 Jebo ...Applicant Versus State of H.P. ...Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? _______________________________________________________ For the Applicants : Mr. K.B. Khajuria, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. Varun Chandel, Additional Advocate Generals with Mr. Rohit Sharma, Dy. A.G. Virender Singh, Judge (oral) The applicants have filed the present applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) 22025:HHC:6654 in case FIR No. 6 of 2025, dated 2.2.2025, registered under Sections 376, 504, 506 of the Indian Penal Code (hereinafter referred to as ‘the IPC”), with Police Station, Kihar, District Chamba, H.P. 2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case. 3. According to the applicants, they are innocent persons and have falsely been implicated in the present case. 4. According to the applicants, the complainant/prosecutrix and applicant Tek Chand were in relationship, for the last four years and out of this, they have been blessed with a son, namely, Vidyut. However, prosecutrix left the company of the petitioners, and now, she is residing in her parents’ house. In this regard, the applicants have relied upon an affidavit, 32025:HHC:6654 dated 23.7.2024, annexed with the applications, as Annexure P-2, allegedly sworn by the prosecutrix. 5. On the basis of above facts, Mr. K.B. Khajuria, Advocate has given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 6. On the basis of above, applicants have sought the relief, as claimed, in the present bail applications. 7. In this case, interim protection was granted to applicant Tek Chand on 4.2.2025, in Cr. M.P.(M) No. 195 of 2025, and to applicant Jebo, on 5.2.2025, in Cr. M.P.(M) No. 209 of 2025. 8. When, put to notice, the Police filed status report disclosing therein that on 2.2.2025, the prosecutrix made a complaint before the Superintendent of Police, which was forwarded to Police Station, Kihar, District Chamba, H.P., in which, she has mentioned that she is resident of the address mentioned in the 42025:HHC:6654 complaint and the applicants had kept her in their house, as maid. But, accused Tek Chand had developed illicit relations with her, which resulted into the birth of a child. 8.1 It is the further case of the Police that the accused persons used to quarrel with the prosecutrix and they have thrown her out of their house about three months ago. The matter was also reported to the Police Station, Kihar, but no action has been taken against the applicants. 8.2 As per the status report, accused persons are not permitting her to stay in their house, nor giving any maintenance, as such, she has prayed that action may be taken against them. 8.3 On the basis of above facts, Police has registered FIR against the applicants and Police machinery swung into motion. On 3.2.2025, statement of prosecutrix, aged about 28 years, was recorded under Section 180 BNSS. She was medico-legally examined at Jawahar Lal Nehru, Medical College, Chamba. 52025:HHC:6654 Thereafter, she was produced before the Court of learned CJM, Chamba on 4.2.2025, where her statement, under section 183 BNSS was recorded. 8.4 During investigation, on 5.2.2025, the prosecutrix produced the sale deed, which was executed by applicant Jebo Devi, in her favour. Statements of the witnesses were recorded under Section 180 BNSS. 8.5 On 6.2.2025, the applicant joined investigation. Applicant Tek Chand was medico legally examined. The physical evidence, so collected, was taken into possession and was handed over to the Police. The physical evidence, so collected, was sent to Regional Forensic Science Laboratory, Dharamshala, from where, the report is still awaited. 8.6 As per the status report, another case, bearing FIR No. 65 of 2019, under Sections 323, 325, 504 and 34 IPC, is stated to have been registered against the applicant Tek Chand, which is still pending adjudication, before the Court of learned, CJM, Chamba. 62025:HHC:6654 8.7 Lastly, it has been submitted in the status report that investigation is complete, and that applicant Tek Chand is of criminal nature. Hence, a prayer has been made to dismiss the present applications. 9. Considering the fact that investigation is complete and whether the allegations, which have been levelled by the prosecutrix, make out a case for consensual relationship or rape, would be proved during the trial. 10. Taking into consideration the fact that the prosecutrix herself submitted that applicants are not permitting her to stay in their house, nor giving any maintenance to her, this Court is of the view that no useful purpose would be served by keeping the applicants in judicial custody. 11. 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. Consequently, applications are allowed and the interim order dated 4.2.2025, passed in Cr.M.P.(M) No. 195 of 2025 and 72025:HHC:6654 interim order dated 5.2.2025, passed in Cr. M.P. (M) No. 209 of 2025, are liable to be made absolute. As such, the interim orders, as aforesaid, are made absolute. Applicants are ordered to be released on bail in case FIR No. 6 of 2025, dated 2.2.2025, under Section 376, 504 and 506 of IPC, registered with Police Station, Kihar, District Chamba, H.P., on their furnishing personal bond in the sum of Rs. 50,000/-,each, with one surety in the like amount, each, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions:- a) That the applicants will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That   the   applicants   will   not   leave   India, without prior permission of the Court. c) That the applicants will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Investigating Officer or the Court. d)That the applicants shall make themselve available for the purpose of interrogation, if so required and 82025:HHC:6654 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. 12. 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 applications. 13. The applicants are directed to move regular bail applications, when, charge sheet will be filed in the Competent Court of law. 14. 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 applicants. (Virender Singh) Judge March 18, 2025 Kalpana 92025:HHC:6654