1 2026:HHC:38822 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1544 of 2026 Decided on : 10.09.2026 Rahul @ Binder …Applicant Versus State of Himachal Pradesh and another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Ms. Abhilasha Kaundal, Legal Aid Counsel. For the respondents : Mr. Tejasvi Sharma, Additional Advocate General, assisted by SI Mohinder Singh, Police Station Paonta Sahib, District Sirmaur, H.P., for respondent No. 1-State. Virender Singh, Judge. (Oral) Applicant-Rahul @ Binder has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of trial, arising out of FIR No. 114 of 2025, dated 19th May, 2025, registered under Sections 137 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:38822 (2), 65 (1), 96, 143, 127 (2), 351 (2), 61 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’) and Sections 6 and 17 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’), with Police Station Paonta Sahib, District Sirmaur, H.P. 2. According to the applicant, he is innocent and has falsely been implicated, by the police, in the present case. 3. It is the case of the applicant that even, during the investigation, nothing could be collected by the prosecution to connect him with the commission of the crime in issue. 4. The investigation of the present case is stated to be completed and the police, after completion of the investigation, has filed the charge sheet against the applicant, which is pending adjudication before the learned trial Court. 5. According to the applicant, he has been arrested in the month of May, 2025 and since then, he is 3 2026:HHC:38822 in judicial custody. As per the applicant, no useful purpose would be served by keeping him in judicial custody, as, his custodial interrogation is no longer required by the police. 6. The applicant has earlier tried his luck by moving the bail application, before the Court of learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), however, his application has been dismissed, vide order, dated 5th March, 2026. 7. Highlighting the fact that the applicant is having no criminal antecedents and nothing is to be recovered from him, or at his instance, Ms. Abhilasha Kaundal, learned legal aid counsel, appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the pendency of the trial. 8. As such, a prayer has been made to allow the bail application. 9. In this case, the child victim has been impleaded as respondent No. 2, who appeared before the 4 2026:HHC:38822 Court on 27th August, 2026 and submitted that her case be defended by the office of learned Advocate General. 10. When, put to notice, respondent No. 1-State has filed the status report, disclosing therein, that on 19th May, 2025, elder brother of the child victim appeared before the police and moved a complaint, mentioning therein, that his sister (child victim), aged about 13 years, had left the home on 17th May, 2025 at about 02.00 p.m. and they made search for her till 19th May, 2025, but, she could not be found. As such, he has prayed that the child victim may be traced, upon which, the police registered the case and criminal machinery swung into motion. 10.1. During the investigation, documents, pertaining to the date of birth of the child victim were procured from the School and Gram Panchayat, according to which, her date of birth was found to be 12th April, 2012. 10.2. As per the status report, efforts to trace the child victim were made, but, she could not be found. On 5 2026:HHC:38822 9th August 2025, HC Jai Prakash, In charge, Missing Cell, has submitted to ASI Dinesh Kumar, about the fact that one girl, namely Seena, who was missing from Majra, has been recovered and she be inquired about the child victim, upon which, ASI Dinesh Kumar, alongwith other police officials, reached Majra, where the said girl was inquired and her statement, under Section 180 of the BNSS, was recorded. 10.3. In her statement, the said girl has disclosed about the child victim that she is at the residence of one Satpal @ Pal, s/o Mast Ram, r/o Village Thaathar, P.O. Bhojrajpura, Tehsil Morni, District Panchkula, Haryana, upon which, the IO, alongwith the police officials and the complainant, reached at Village Thaathar and the residential house of said Satpal @ Pal was searched. 10.4. During the search of his house, the child victim was found in the first floor of the said house. She was identified by her brother (complainant). Thereafter, the child victim was medico-legally examined at Civil Hospital, Paonta Sahib. 6 2026:HHC:38822 10.5. On 10th August, 2025, the statement of the child victim was recorded, under Section 180 of the BNSS, in the presence of her mother. On the basis of said statement, Sections 65 (1), 96, 127 (2), 61 (2) of the BNS and Sections 6 and 16 of the POCSO Act were added, in this case. 10.6. Subsequently, the child victim was produced before the Court of learned ACJM, Paonta Sahib, on 11th August, 2025, where, her statement, under Section 183 of the BNSS, was got recorded. In the statements, under Sections 180 and 183 of the BNSS, the child victim has disclosed that on 17th May, 2025, her neighbour, namely Amna, took her (child victim) to her (Amna’s) rented accommodation, where, said Amna and her husband- Rahul @ Binder (applicant) called accused-Pawan Kumar @ Pawna alongwith vehicle. Thereafter, the child victim was made to sit in the said vehicle/truck with accused- Pawan Kumar @ Pawna and send her with him. He took the child victim to a Hotel at Kala Amb and made to stay there during the night. 7 2026:HHC:38822 10.7. Next day, Amna and Binder (applicant) also came to Kala Amb and all the three, took the child victim to another Hotel, where, two other persons, namely Pala and Pal, came and on the subsequent day, Amna Rahul @ Binder (applicant), Lal Chand @ Pala sold the child victim to Satpal @ Pal. Said Satpal @ Pal kept the child victim confined at his residential house and during that period, Satpal @ Pal and Lal Chand @ Pala ravished her. As per the statement of the child victim, Pawan Kumar @ Pawna had also ravished her in the hotel. On 12th August, 2025, accused-Amna, Rahul @ Binder (applicant) were arrested. On the same day, on the identification of the child victim, the physical evidence was collected from the spot, i.e. from the first floor of the residential house of accused-Satpal @ Pal. 10.8. After the completion of the investigation, the police has filed the charge sheet. Later on, Section 16 of the POCSO Act was deleted and Section 17 of the POCSO Act was added, in this case. The case is now stated to be 8 2026:HHC:38822 pending before the learned Special Judge, Sirmaur at Nahan. 11. On the basis of the above facts, a prayer has been made to dismiss the bail application. 12. Considering the seriousness of the allegations, levelled against the applicant, he is not able to make out a case for releasing him on bail, at this stage. 13. Moreover, considering the legislative intent behind enactment of the POCSO Act, the release of the applicant, with such serious allegations, would give a wrong signal in the society at large, that after committing such a heinous offence, the applicant is moving freely in the society, which is anti-thesis to the rule of law. 14. At the time of deciding the question of bail, a delicate balance between the individual liberty and larger interest of the society has to be maintained. While maintaining such balance, this Court is of the view that the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed. 9 2026:HHC:38822 15. Any of the observations, made hereinabove, shall not be taken as an expression of opinion on the merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove. ( Virender Singh ) Judge September 10, 2026 ( rajni )