2026:HHC:2731 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 2759 of 2025 Reserved on : 02.01.2026 Decided on : 09.01.2026 Joban Dass …Applicant Versus State of Himachal Pradesh & Another …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Sunil Kumar Banyal, Advocate. For the respondents: Mr. H.S. Rawat & Mr. Tejasvi Sharma, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Netar Singh, Police Station Brow, District Kullu, H.P., for respondent No.1. Ms. Kiran Dhiman, Legal Aid Counsel, for respondent No.2. Virender Singh, Judge Applicant–Joban Dass, apprehending his arrest, in case arising out of FIR No.51 of 2025, dated 01.11.2025, registered, under Sections 376, 354(A) and 506 of the Indian Penal Code (hereinafter referred to as 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:2731 the IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, (hereinafter referred to as ‘POCSO’), with Police Station, Brow, District Kullu, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Brow, District Kullu, H.P., to release him on bail, in the event of his arrest, in the above noted case. 3. The relief, as claimed, in the application has been sought on the ground that the applicant is innocent and has falsely been implicated, in this case, by the Police, at the instance of the victim, who had made a statement against him on the pretext of her mother, who had not good relations with the applicant. 4. According to the applicant, he has no concern with the crime, in question. 5. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of 3 2026:HHC:2731 the applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the I.O./Police, under Section 482 BNSS. 6. The applicant has also tried his luck by moving similar application before this Court earlier, which was dismissed as withdrawn, on 13.11.2025. Thereafter, the applicant has filed similar application before the Court of learned Additional Sessions Judge, Fast Track Special Court, Kinnaur at Rampur Bushahr, however, his application was dismissed on 19.11.2025. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report, on 22.11.2025, disclosing therein, that on 01.11.2025, from the Office of Superintendent of Police, Kullu, an e-mail was received. After perusal of the said e- mail, it was found that in Police Station Rampur, FIR No.85/2025, dated 04.09.2025, under Section 354A, 506 IPC and Section 8 of the POCSO Act was registered on the complaint of Prem Lata Negi, Member, CWC Kinnaur, Reckong Peo. 4 2026:HHC:2731 8.1. In the complaint, the complainant, has disclosed that the child victim aged about 12 years and 4 months, daughter of ‘X’, is residing in Balika Ashram ‘Y’ and she was admitted there on 05.06.2023. Counsellor of that Balika Ashram, submitted a report on 29.08.2025, according to which, it has been found that sexual harassment has been done with the child victim. 8.2. The said incident was found to be happened prior to admission of the child victim, in the Balika Ashram. At that time, the child victim was residing with her mother, in a rented accommodation, at place ‘X’ and she has disclosed the name of the person, who has sexually exploited her, as J.D. Uncle, who is their neighbour, upon which, the matter was inquired. 8.3. On 01.09.2025, at about 04.00 p.m., the child victim made a statement, in the presence of complainant Prem Lata Negi and Counsellor, disclosing therein that, she is residing in a rented room at place ‘X’, along with her mother. She is having an elder brother, who is residing with her father. 5 2026:HHC:2731 8.4. The child victim got the primary education at place ‘X’ and thereafter, she was admitted in Balika Ashram ‘Y’. She is having resentment and fear of her father, as such, she does not want to live with him. Thereafter, she has further disclosed that when she, along with her mother, was residing in a rented accommodation, at place ‘X’, then one uncle, used to come in the presence of her mother, however, the said uncle used to do obscene act with her. 8.5. The said uncle used to touch the child victim improperly and number of times, used to kiss her on her lips and used to touch her body improperly. Thereafter, when the child victim was all alone, the said uncle touched her private part with his private part. Thereafter, the child victim has told him that she will narrate the incident to her mother, upon which, the said uncle had threatened to kill her and her mother. 8.6. Thereafter, the said fact was disclosed by the child victim to her mother and her mother took her to hospital, where some pills were given to the child victim. 6 2026:HHC:2731 8.7. On the basis of the said counselling report, police registered the case and when it was found that the incident had taken place in the territorial jurisdiction of Police Station Brow, as such, the matter was sent to said Police Station for registration of the FIR. 8.8. Lastly, it has been mentioned in the status report that the investigation was thereafter conducted by ASI Netar Singh, who has visited the spot, along with the child victim and her mother. Spot map was prepared and the statements of the child victim and her mother were recorded, under Section 180 of the BNSS. She was taken to hospital for medico-legal examination, but, the child victim, as well as, her mother refused to undergo the medico-legal examination. 8.9. The statement of the child victim, under Section 183 of BNSS, has been got recorded, by producing her before the Court of learned Judicial Magistrate First Class, Rampur Bushehar. As per the statement, it was found that the accused has repeatedly committed the crime against the child victim and tried to commit rape, as such, Section 376 IPC was added and Section 8 of POCSO Act 7 2026:HHC:2731 was deleted and Section 6 of POCSO Act was added, in this case. It has also been found that the child victim was less then 10 years, at the time of incident. 9. Considering the said status report, interim protection was granted to the applicant and the matter was adjourned to 28.11.2025. 10. On 28.11.2025, the police has filed supplementary status report, disclosing therein, that the applicant has joined the investigation and was medico- legally examined. 11. In this case, the child victim/complainant has filed objections, with a prayer to dismiss the application. 12. On 23.12.2025, the respondent-State has filed the supplementary status report, disclosing the similar facts. 13. Perusal of the record shows that in the statement of child victim, which was recorded on 05.11.2025, she had levelled the allegations against one JD uncle, that too, when a question was put to her as to what JD uncle has done with her. 8 2026:HHC:2731 14. Although, the applicant has been named, as accused, in a very heinous offence, but, merely, on the basis of the said fact, the entire matter should not be seen with jaundice eye. In her statement, the child victim has neither mentioned the date nor the month and merely, stated that JD uncle was known to her, much prior to the year 2023. 15. After registration of the FIR, when, the statement of the mother of the child victim was recorded then also, she has not named the accused, as the person, who has allegedly, committed the heinous offence against her daughter and simply stated that the child victim, while weeping, has stated that JD uncle has touched her with bad intention. Even, in the statement recorded before the Court of learned Judicial Magistrate First Class, Anni, Camp at Rampur Bushehar, the child victim has named only one JD uncle, as the accused. 16. The mother of the child victim admittedly, has come to know about the alleged incident, only in the year 2025, whereas, the alleged crime, according to the child victim, had taken place in the year, 2023, is a fact, which 9 2026:HHC:2731 can be taken into consideration while granting relief to the applicant. 17. At the time of deciding the bail application, this Court is not supposed to dwell into the allegations/counter allegations to determine the guilt/innocence of the applicant. At this stage, only the prima facie case, as well as, the evidence, so collected, by the prosecution is to be considered. 18. The role, allegedly attributed by the applicant, in the commission of alleged crime, will be proved after completion of trial. 19. Except the present case, no other case is found to have been registered against the applicant, as such, presumption of innocence is still available to him. 20. Moreover, denial of the relief to the applicant, would result into remanding the applicant to the judicial/ police custody, which would be nothing, but, pre-trial punishment, which is prohibited under the law, as, the punishment can only be inflicted, after the conclusion of trial. 10 2026:HHC:2731 21. Considering all these facts, the interim order dated 22.11.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case arising out of FIR No.51 of 2025, dated 01.11.2025, registered, under Sections 376, 354(A), 506 IPC and Section 6 of the POCSO Act, with Police Station, Brow, District Kullu, H.P., on his furnishing personal bond, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. 22. This order, however, shall be subject to the following conditions : a) That the applicant shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant shall not leave India, without prior permission of the Court; c) That the applicant shall 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. 11 2026:HHC:2731 23. 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 application. 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 January 09, 2026 (ps)