1 2026:HHC:17117 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) No. : 560 of 2026 Reserved on : 07.05.2026 Decided on : 15.05.2026 Pawan Kumar …Applicant Versus State of Himachal Pradesh & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. K.S. Gill, Advocate. For the respondents :Mr. Mohinder Zharaick, Additional Advocate General, for respondent No.1. Mr. Kulbir Thakur, Advocate, for respondent No.2. Virender Singh, Judge Applicant-Pawan Kumar has filed the present petition, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of the trial, arising out of FIR No.73 of 2024, dated 02.12.2024, registered under Sections 64, 96 and 137 of the Bharatiya Nyaya Sanhita (hereinafter referred to as the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:17117 ‘BNS’) and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’), with Police Station Shillai, District Sirmaur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated and arrested by the Police, in the present case, and presently, he is in the judicial custody. 3. The relief of bail has been sought on the ground that the investigation, in the present case is complete and nothing is to be recovered from him, or, at his instance. 4. The child victim, according to the applicant, has not supported the case of the prosecution. Asserting the fact that the applicant is in judicial custody from the date of his arrest i.e. 02.12.2024, according to him, no useful purpose would be served by keeping him in the judicial custody. 5. It is the further case of the applicant that the trial is progressing with a very slow pace and the case is 3 2026:HHC:17117 listed for recording the statements of prosecution witnesses, as such, there are no chances of conclusion of trial against him, in near future. 6. The applicant has also tried his luck by moving the bail applications, before this Court bearing CRMPM No. 1054 of 2025 and CRMPM No. 2172 of 2025, however, his applications were dismissed, vide orders dated 20.5.2025 and 3.9.2025, respectively. 7. Thereafter, he has tried his luck by moving the bail application before the learned trial Court, bearing Bail Application No. 402-BA/22 of 2025, which was also dismissed on 12.01.2026. 8. Apart from this, Mr. K.S. Gill, learned counsel for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 4 2026:HHC:17117 10. On 7.5.2026, by way of supplementary affidavit, the applicant has brought on record the details of the cases, registered against him, which are (i) FIR No. 72 of 2023, dated 9.4.2023, under Section 379 of IPC and FIR No. 104 of 2023, dated 26.5.2023, under Section 379 of IPC at Police Station Solan, District Solan, HP. 11. According to the applicant, the above material facts could not be mentioned in the bail application, on account of poor communication, as well as, owing to the illiteracy of the father of the applicant. 12. In this case, the child victim has also been impleaded as respondent No.2. 13. When put to notice, both the respondents have filed the status reports/reply. 14. The State has filed the status report disclosing therein, that the complainant (name withheld) moved a complaint to the police, that he is resident of place ‘x’ and his daughter (child victim) aged about 15 years has been enticed away by applicant-Pawan Kumar 5 2026:HHC:17117 on 30.11.2024. Thereafter, the applicant allegedly made a call from his mobile number (number withheld) on 30.11.2024, disclosing to the complainant that he has kidnapped his daughter and they cannot cause any harm to him. According to the complainant, the applicant also stated that he is working in the Army and no one can harm him. When the complainant requested the applicant to let his daughter go, then he was abused by him. Not only this, the complainant has stated that the applicant is now enjoying his honeymoon with the child victim at Solan. 15. On the basis of the above facts, the complainant has apprehended that the accused might ravish his daughter and may also throw her in the river/nallah. His efforts to nab the child victim remained futile. He has also alleged that the applicant a number of times has abused him on phone. 16. On the basis of the above facts, a prayer has been made to the police, to take action, upon which, the 6 2026:HHC:17117 police has registered the FIR and the criminal machinery swung into motion. 17. Meanwhile, an information was received in Police Station, Haripurdhar that the applicant along with his parents, appeared before the Police Station. The child victim was also with them, upon which, Head Constable Naveen Kumar No. 110 reached on the spot, where the complainant identified his daughter. The custody of the child victim was handed over to her father, whereas, the applicant was directed to join the investigation. 18. On 3.12.2024, complainant, along with his wife and child victim, appeared before the Police Station, Shillai, where, in the presence of Lady Constable Vijay No. 405, as well as, mother of the child victim, statement of the child victim was recorded under Section 180 of BNSS, in which, she has disclosed that she came in contact with the applicant through social media, and thereafter, applicant visited her home. The child victim has also stated that in the month of May/June, 2024, the applicant, for the first time, came to her and ravished 7 2026:HHC:17117 her on the pretext of marriage. Thereafter, on 28.11.2024, the applicant took her to Solan and kept her in his residential quarter. She has also got recorded in her statement, that on 30.11.2024, the applicant took her to his village and there, he had also crossed the sacred-line, upon which, Sections 64, 96 of BNS and Section 6 of POCSO Act were added, in this case. 19. Thereafter, the child victim was taken to Civil Hospital, Shillai, in the custody of her mother and Lady Constable Vijay, where, she, as well as, her mother had refused to perform the medical examination upon her. These facts have duly been recorded in the MLC. 20. The applicant was inquired and was arrested. He was also medically examined. The physical evidence, so collected was taken into possession, on 4.12.2024 from the room, where the child victim was allegedly ravished. During investigation, clothes were also taken into possession. As per the documents procured, date of birth of the child victim was found to be 18.3.2009. After undergoing the counseling, the child victim had 8 2026:HHC:17117 expressed her intention to abort the foetus. Consequently, on 16.12.2024, her foetus was aborted at Civil Hospital, Nahan. The foetus was preserved and the same was taken into possession and was sent to SFSL, Junga for analysis. 21. After the completion of the investigation, charge sheet was filed on 14.1.2025. Report of SFSL, Junga was received, according to which, the applicant was found to be the biological father of foetus, which was got aborted by the child victim. 22. The child victim has filed separate reply, reasserting the stand, as taken by the police, in the status report. 23. The prayer of the applicant has been opposed, on the ground, that in case, the applicant would be released on bail, it would be against the legislative intent of the POCSO Act. 24. In the reply, it has also been asserted that although, the child victim and her father have already 9 2026:HHC:17117 been examined but, keeping in view the serious nature of the offence, the applicant be not released on bail. 25. On the basis of the above facts, a prayer has been made to dismiss the application. 26. The age of the applicant, as per the status report, has been pleaded as 20 years. The material witnesses have already been examined, as, it has been admitted by the child victim that statements of her father, as well as, child victim have already been recorded by the learned trial Court. 27. So far as two other cases, which have been stated to be pending against the applicant, as disclosed by the applicant and admitted in the status report, are concerned, admittedly in both the cases, the applicant has not been convicted by the competent court of law. 28. It is not in dispute that the material witnesses have been examined, including the child victim. 29. The applicant is permanent resident of District Sirmaur, as such, it cannot be apprehended that 10 2026:HHC:17117 in case, the applicant is released on bail, he may not be available for the trial or he may coerce the witnesses. 30. The age of the applicant in the status report has been mentioned, as 20 years. The chances of conclusion of trial against the applicant, in near future, are not so bright In case, the applicant is ordered to be kept in judicial custody, it would be nothing, but, pre- trial punishment, which is prohibited under the law, as punishment can only be imposed after full fledged trial. 31. Moreover, the applicant is in judicial custody, which is suggestive of the fact that he is no more required by the police, in this case. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 32. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. Consequently, the applicant is ordered to be released on bail during the pendency of the trial arising out of FIR No.73 of 2024, dated 02.12.2024, registered, under Sections 64, 96 and 137 of BNS and Section 6 of the POCSO Act, with Police Station 11 2026:HHC:17117 Shillai, District Sirmaur, H.P., on his furnishing personal bond, in the sum of Rs.1,00,000/-, with one surety of the like amount, to the satisfaction of learned trial Court. 33. This order of release, however, shall be subject to the following conditions :- “a) 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; b) that the applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) that the applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Office; and d) that the applicant shall not leave the territory of India without the prior permission of the Court.” 34. Any of the observations made herein above 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. 12 2026:HHC:17117 35. 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 to be violated by the bail applicant. 36. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, Model Central Jail, Nahan, District Sirmaur at Nahan through e-mail, with a direction to enter the date of grant of bail in the e- prison software. 37. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, Model Central Jail, Nahan, District Sirmaur at Nahan, is directed to inform this fact to the Secretary, DLSA, Nahan. The Superintendent Jail, 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, then, the said fact be submitted to this Court. ( Virender Singh ) Judge 15th May,2026 (Guleria) RAJNI Digitally signed by RAJNI Date: 2026.05.15 11:20:59 +0530