1 ( 2026:HHC:427 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.2681 of 2025 Date of Decision : 02.01.2026 Preto Devi …… Petitioner Versus State of Himachal Pradesh ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Pranav Sharma, Advocate. For the Respondent : Mr. Diwakar Dev Sharma, Additional Advocate General. Bipin Chander Negi, Judge (oral) The present bail petition has been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The same arises out of FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan, Himachal Pradesh, for offences punishable under Sections 363, 366A, 354, 376, 376(2)(i)(n), 34 of the Indian Penal Code and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act. 2. Heard learned counsel for the parties, perused the status report and the record. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:427 ) 3. The victim/complainant in the case at hand is aged 17 years. On the death of her father, the mother of the victim had left the victim and her two other siblings to fend for themselves. The elder brother of the victim, one Pankaj lives at Kala Amb. The elder sister of the victim is married at Kala Amb. 4. After the death of the father of victim, she was being looked after by the elder sister of the late father of the victim. The aforesaid lady who was taking care of the victim, as per the complainant, was a habitual drinker. As a consequence of drinking habits, about two years ago the said lady had shunted the victim out of her house. 5. It is thereafter that the victim had gone to the house of one Sheela Devi, whom she had all along addressed as her maternal aunt. After having stayed there for two days, Sheela Devi had called her daughter Preto Devi (bail petitioner). 6. Preto Devi was accompanied by her husband Ashok Kumar and her two sons Raj Kumar and Ram Kumar. At the house of Sheela Devi, the victim, who was a minor was handed over to Preto Devi and her family. The bail petitioner had told the victim that she would henceforth live in the house of Preto Devi like her daughter-in-law as Preto Devi’s son Ram Kumar in an informal ceremony at the house of Sheela Devi had allegedly got married to the victim. 7. Thereafter, the victim was taken to Preto Devi’s house at Sarwana (Barwala) in Haryana. At the residence of Preto Devi, as per the victim, for about last two years, Ram Kumar had been indulging in wrongful 3 ( 2026:HHC:427 ) sexual acts with the victim. Even Ashok Kumar the husband of Preto Devi is stated to have made sexual overtures/advances towards the victim. Feeling aggrieved of the aforesaid, the victim had left the house of Preto Devi and come back to her maternal aunt’s house. Herein the maternal aunt had refused to keep the victim as according to the maternal aunt, the victim had now got married and hence she was now expected to reside in her marital home. 8. Upon being turned out from the house of the maternal aunt, she went to her paternal aunt where-in-after, she proceeded towards the Panchkula Court. Enroute while travelling in a bus, the conductor of the bus dropped the victim at the Mahila Police Station at Narayangarh. The Child Welfare Committee (CWC) Narayangarh kept the victim for two months at a Bal Ashram. Upon determining her antecedents, she was shifted to Nahan. At Nahan, the concerned CWC on 13.12.2024 brought the victim to the concerned Mahila Police Station, thereupon the present compliant was lodged against all concerned. 9. From perusal of the status report, it is evident that the investigation, in the case at hand, is complete. Challan stands filed before the Court. The bail petitioner was arrested on 08.01.2025. No recovery has to be instituted from the bail petitioner. No purpose shall be served by keeping the petitioner in custody. 10. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 4 ( 2026:HHC:427 ) 11. The object of bail is to secure the attendance of the accused person at his/her trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 12. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his/her defence. The burden of his/her detention falls heavily on the innocent members of his/her family. 13. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence that the Court may place in her to turn out to take justice at the hands of the Court. 14. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in her favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan, Himachal Pradesh, for offences punishable under Sections 363, 366A, 354, 376, 376(2)(i)(n), 34 of the Indian Penal Code and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, shall be forthwith released on bail, subject to her furnishing personal bond to the tune of Rs.50,000/- (Rupees fifty thousand) with one 5 ( 2026:HHC:427 ) local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i) Petitioner shall 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; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about her place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of her Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then her bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 15. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 16. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 6 ( 2026:HHC:427 ) 17. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, Nahan, through email, with a direction to enter the date of grant of bail in the e-prison software. 18. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, Nahan, Sirmaur, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent, Model Central Jail, Nahan, H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 19. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail, Nahan, H.P. and the learned trial Court by FASTER. 20. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. ( Bipin Chander Negi) January 02, 2026 (KS) Judge KAMLESH SHARMA Digitally signed by KAMLESH SHARMA Date: 2026.01.02 16:59:38 +0000