IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No.1243 of 2026 Decided on: 17.07.2026 __________________________________________________________________ Anush Sharma ………..Petitioner Versus State of Himachal Pradesh ……….Respondent __________________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner : Mr. Kumar Kaustubh and Ms. Ambika Thakur, Advocates. For the Respondent : Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. HC Manat Kumar, No.135, IO, PS Rakkar, Police District Dehra, present in person along with record. __________________________________________________________________ Sandeep Sharma, Judge (oral): Sequel to order dated 09.07.2026, whereby petitioner was ordered to be enlarged on interim bail in connection with FIR No.28/26, dated 02.05.2026, registered under Section 316(2) of Bharatiya Nyaya Sanhita, 2023, at Police Station Rakkar, Police District Dehra, Himachal Pradesh, respondent/State has filed status report prepared on the basis of the investigation carried out 1 Whether the reporters of the local papers may be allowed to see the judgment? - 2 - by the Investigating Agency and HC Manat Kumar, No.135, IO, Police Station Rakkar, Police District Dehra, has come present along with record. Record perused and returned. 2. Close scrutiny of status report/record made available to this Court reveals that on 02.05.2026, complainant-Ms. Ritika Dogra, along with her parents, filed a complaint at Police Station Rakkar, alleging therein that for last eight years, she had been in a relationship with Anshul Sharma @ Ankit Sharma, i.e. present bail petitioner and he was residing in their house for the last three months. Complainant alleged that during aforesaid period of three months, petitioner took away gold items of 7 tolas and cash of ₹68,000/- without their consent from the safe. Complainant alleged that when they asked bail petitioner about the whereabouts of gold items, he disclosed that he pledged the same with Muthoot Finance, Amb and took loan. Complainant alleged that now the bail petitioner has switched off his mobile, and when they tried to contact his family, they are extending threats. On the basis of the aforesaid statement made by the complainant, FIR, detailed hereinabove, came to be lodged against the bail petitioner, but before he could be apprehended, he approached this Court in the instant proceedings for grant of anticipatory bail. Vide order dated 09.07.2026, this Court granted interim bail to the petitioner, subject to his joining the investigation on 10.07.2026 at 11:00 AM. - 3 - 3. Learned counsel representing the petitioner states that since petitioner has already joined the investigation and nothing remains to be recovered from him, interim bail granted vide order dated 09.07.2026 may be made absolute. 4. While fairly acknowledging factum with regard to joining the investigation by the petitioner on the given date and time, Mr. Vishal Panwar, learned Additional Advocate General, states that though petitioner, in terms of afore order passed by this Court, joined investigation, but till date, he has not got the recovery of four tolas of gold items effected. He also states that still, sum of ₹68,000/- remains to be recovered, and as such, it may not be in the interest of justice to enlarge the bail petitioner on bail, who, in that event, may not only flee from justice but may also cause harm to the complainant. 5. Having heard learned counsel representing the parties and perused material available on record, this Court finds that complainant and petitioner were in a live-in relationship for more than six years. Prior to lodging of the FIR, they were living at Chandigarh, where they were running a hotel business, but since business of bail petitioner and complainant failed, they left Chandigarh and started living with the parents of complainant at Sar Dogri, District Kangra. - 4 - 6. Careful perusal of FIR itself suggests that bail petitioner had been living with complainant and her parents as a family member, and that is why he was also made aware of the PIN of the locker, from where he allegedly took away gold ornaments and cash. As per petitioner, he had taken away gold ornaments from the locker with the consent of the complainant for clearing his previous liabilities and he, after having pledged gold ornaments, obtained loan to the tune of ₹4,16,450/- from Muthoot Finance. As per petitioner, out of the aforesaid amount, ₹3,00,000/- was paid towards previous liabilities, whereas sum of ₹1,00,000/- was paid to the complainant. To substantiate his aforesaid claim, receipt with regard to money sent to the account of the complainant has been placed on record, perusal whereof reveals that on two occasions, sum of ₹50,000/- was paid/deposited to the complainant. Most importantly, in the case at hand, this Court finds that receipt qua pledging of the gold ornaments and thereafter obtaining loan from Muthoot Finance came to be produced before the Police authorities by the complainant, meaning thereby, she was fully aware of the fact that petitioner herein, after having pledged the gold ornaments of her, took loan. 7. Entire dispute inter se parties appears to have arisen after their discord on account of the issue of marriage. Having taken note of the fact that bail petitioner and complainant had been living - 5 - together for last eight years, coupled with the fact that for last three months, he was living in the house of the complainant with the consent of her parents, and they themselves had provided the PIN of the locker, story put forth by the complainant with regard to taking of her gold ornaments without her consent does not appear to be plausible. Moreover, aforesaid fact, if any, is yet to be established on record by prosecution by leading cogent and convincing evidence. As far as recovery of ornaments and money is concerned, this Court, having noticed the fact of pledging of the gold ornaments with Muthoot Finance for obtaining loan to clear the outstanding liabilities, coupled with the fact that a sum of ₹1,00,000/- subsequently came to be transferred to complainant as has been noticed hereinabove, finds that prayer of the petitioner for grant of bail cannot be rejected on the ground of recovery. 8. By now it is well-settled that freedom of an individual is of utmost importance and cannot be curtailed for indefinite period. Till the time guilt of accused is not proved, in accordance with law, he is deemed to be innocent. In the case at hand, the guilt, if any, of the bail petitioner is yet to be proved, in accordance with law. 9. The Hon'ble Apex Court in Criminal Appeal No.227/2018, Dataram Singh vs. State of Uttar Pradesh & Anr decided on 6.2.2018 has categorically held that freedom of an individual is of utmost importance and same cannot be curtailed - 6 - merely on the basis of suspicion. Hon’ble Apex Court has further held that till the time guilt of accused is not proved, in accordance with law, he is deemed to be innocent. The relevant paras No.2 to 5 of the judgment are reproduced as under:- “2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. 3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. 4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain - 7 - whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first- time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to Section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting Section 436A in the Code of Criminal Procedure, 1973. 5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re-Inhuman Conditions in 1382 Prisons.” 10. Needless to say, object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial. Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence - 8 - in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime. 11. The Hon’ble Apex Court in Sanjay Chandra versus Central Bureau of Investigation (2012)1 Supreme Court Cases 49; held as under:- “The object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The Courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. Detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, “necessity” is the operative test. In India , it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. Apart from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the propose of giving him a taste of imprisonment as a lesson.” - 9 - 12. The Hon’ble Apex Court in Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. 13. 13. Consequently, in view of the above, order dated 09.07.2026 passed by this Court, is made absolute, with following conditions:- a. he shall make himself available for the purpose of interrogation, if so required and 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. he shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c. he shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer; and - 10 - d. he shall not leave the territory of India without the prior permission of the Court. 14. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the Investigating Agency shall be free to move this Court for cancellation of the bail. 15. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone. 16. The bail petition stands disposed of accordingly. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise. July 17, 2026 (Sandeep Sharma), Rajeev Raturi Judge