2025:HHC:8641 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.561 of 2025 Decided on : 01.04.2025 Sanjay Kumar …Applicant Versus State of Himachal Pradesh & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person with Mr. Rajesh Mandhotra, Advocate. For the respondents : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, assisted by DSP Anil Kumar, for respondent No.1. Mr. Subodh Bhatia, Advocate for respondent No.2/complainant. Virender Singh, Judge Applicant has surrendered himself to the custody of this Court and has sought the relief of bail, during the pendency of the case, bearing FIR No.18 of 2025 dated 10.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 74, 115(2) and 117(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:8641 Atrocities) Act, 1989 (hereinafter referred to as the ‘SC&ST Act’), with Police Station Lambagaon, District Kangra, H.P. 3. According to the applicant, he has falsely been named as accused in the present case, with some ulterior motive, as, no such incident had ever taken place at any point of time. 4. As per applicant, he is the sole bread-earner of his family. 5. On the basis of above facts, Mr. Rajesh Mandhotra, Advocate has given certain undertakings, on behalf of applicant, for which, the applicant is ready to abide by, in case, the relief, as claimed in the application, is given to him. 6. Since, the applicant had surrendered to the custody of this Court on 17.03.2025, as such, the State was directed to file the status report. Consequently, the status report has been filed. 7. In the status report, it has been alleged that the Senior Superintendent of Police, Kangra, has forwarded a complaint, moved by the complainant, in which, the complainant has alleged that on 07.03.2025, applicant- 3 2025:HHC:8641 Sanjay Kumar was driving vehicle, bearing registration No.HP32-A-6198, along with her mother-in-law. 7.1. It is the case of the police that the complainant was also on her way to take medicines. At a place, known as Sansai, mother-in-law of the applicant requested the complainant to take lift in their vehicle, upon which, the complainant also boarded the said vehicle. The complainant had taken the medicines from a private hospital and subsequently, she was waiting for the bus at a place known as Sari. At about 02:30 pm, Sanjay Kumar (applicant) again came there, while driving the said vehicle and stopped the same, near her and offered her lift. Consequently, complainant boarded the said car. 7.2. As per the complainant, after driving the car for a short distance, applicant started doing the obscene act and when, resisted by the complainant, had started manhandling her. Due to the said act, the shirt, worn by the complainant, was also torn. Despite repeated requests to Sanjay Kumar (applicant), he did not permit the complainant to alighten down the vehicle. However, the complainant jumped out of the moving vehicle and subsequently, Sanjay Kumar (applicant) had driven his 4 2025:HHC:8641 vehicle towards Majoti side. At that place, one Suraj Kumar S/o Kulbat Singh and Sanjay Kumar S/o Ram Lal Bhatia met her, who took her to hospital for treatment. 8. On the basis of above facts, complainant has prayed that the action be taken against the accused (applicant herein), upon which, the police registered the FIR in question and police machinery swung into motion. 9. As per the status report, which has been filed on 17.03.2025, investigation was thereafter entrusted to Mr. Anil Kumar, SDPO, Baijnath. 10. After perusing the said status report, interim relief was granted to the applicant and he was ordered to be released on interim bail. 11. In the status report, filed on 24.03.2025, it has been mentioned that the statement of the complainant was got recorded by producing her before the Court of learned Judicial Magistrate First Class, Jairsinghpur. Thereafter, provisions of Sections 3(1)(r) and 3(1)(s) of the SC & ST Act, have been added, in this case. Documents, pertaining to the caste of the complainant, were also procured. Statements of the witnesses were recorded. 5 2025:HHC:8641 12. As per the status report, the complainant appeared before the police on 17.03.2025 and the vehicle, allegedly used in the crime, was also taken into police possession, along with documents. 13. Lastly, it has been mentioned in the status report that the applicant is very influential and clever person and in case, relief is granted to him, he may also coerce the witnesses and may hamper the investigation. 14. In this case, complainant (respondent No.2) has also put appearance and filed the objections to the bail application. 14.1. In the objections, apart from reasserting the stand, as taken by the police, it has been pleaded that the victim is a 54-year-old lady and she has alleged specific allegations in her statement, recorded under Section 183 of the BNSS. 14.2. Apart from this, the complainant has also asserted the fact that the doctor has now advised her for surgery of right shoulder. As such, a prayer has been made to dismiss the present bail application. 15. Heard. Record perused. 6 2025:HHC:8641 16. As per the directions of this Court, the applicant has joined the investigation. The investigation is almost complete and it is not the case of the police that the custodial interrogation of the applicant is required, in this case. 17. Even otherwise, the allegations, which have been levelled, against the applicant, will be proved during the trial. Furthermore, the bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited, under the law. 18. Moreover, at the time of deciding the bail application, detailed discussion about merits of the case and the evidence, so collected by the prosecution, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused (applicant). 19. The applicant is the permanent resident of Tehsil Baijnath, District Kangra, H.P., and as such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for the trial. 20. So far as the apprehensions, which have been expressed by the police, in this case, are concerned, for 7 2025:HHC:8641 those apprehensions, reasonable conditions can be imposed, upon the applicant, in case, interim order is made absolute. 21. Considering all these facts, this Court is of the opinion that the interim order, dated 17.03.2025, is liable to be confirmed. Consequently, interim order, dated 17.03.2025, is made absolute, subject to the following conditions: a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant 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 him/her from disclosing such facts to the Investigating Officer or the Court; and d) That 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 appropriate application; 22. 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. 8 2025:HHC:8641 23. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 24. 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. ( Virender Singh ) Judge April 01, 2025 ( Gaurav Thakur )