Himachal Pradesh High Court
Reserved On : 29.05.2025 vs State Of Himachal Pradesh & Another on 2 June, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:17168
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP (M) No. : 1190 of 2025
Reserved on : 29.05.2025
Decided on : 02.06.2025
Ishaq Mohd. ...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 respondent : Mr. Mohinder Zharaick, Mr. H.S.
Rawat and Mr. Tejasvi Sharma,
Additional Advocate General
assisted by L/ASI Kamlesh, Women
Police Station, Baddi, H.P.
Respondent No.2, in person with Mr.
Ajay Thakur, Advocate.
Virender Singh, Judge.
ApplicantIshaq Mohd., has filed the present
application, under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita (hereinafter referred to as 'BNSS'), for
releasing him on bail, during the pendency of trial,
arising out of FIR No.11 of 2025, dated 15.02.2025,
registered under Sections 64, 69, 115(2) and 351(2) of
Whether Reporters of local papers may be allowed to see the judgment? Yes.
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the Bharatiya Nyaya Sanhita (hereinafter referred to as
the 'BNS'), with Women Police Station Baddi, District
Solan, H.P.
2. According to the applicant, he is innocent
person and has falsely been implicated by the Police, in
this case.
3. As per the applicant, he has nothing to do
with the offence, for which he has been arrested, by the
police, in this case.
4. It is the further case of the applicant that he
belongs to a respectable family and no fruitful purpose
will be served by keeping him in judicial custody, that
too, for indefinite period.
5. Apart from this, the learned counsel
appearing 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.
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6. On the basis of the above facts, a prayer has
been made to release the applicant on bail, during the
pendency of the trial.
7. When put to notice, the police has filed the
status report, disclosing therein, that on 15.02.2025, the
victimrespondent No.2, along with Smt. Sudesh, Anil
Kumar Nitin Sharma, Pradeep Thakur, Arun Kumar and
Dharmender etc., appeared before the Police and moved
a complaint, mentioning therein, that she is resident of
the address, as mentioned in the complaint.
7.1. As per the complainant, she is residing in a
rented accommodation and in the year 2023, in the
search of a job, whenever, she used to visit the market, a
boy namely Ishu used to follow her. Thereafter, through
instagram App, the said boy has started sending her
messages and thereafter, they had started talking to
each other.
7.2. As per the complainant, the said boy
introduced himself as Pandit (Sharma). During their
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continuous conversation, according to the complainant,
accused Ishu expressed his intention to marry her.
7.3. After few months, the complainant came to
know about the fact that the name of Ishu is Ishaq Ali.
When the victim inquired from the accused as to why he
had introduced himself as Pandit, upon which, accused
told her that since, she is from Rajput community, and
she would not have talked to him, therefore, he
introduced himself to be the Pandit. She has further got
recorded that accused Ishaq (applicant) also disclosed to
her that he is having the acquaintance with Pandits and
most of his friends are Pandits.
7.4. The accused, according to the victim,
pretended to be a good person and in order to impress
her, always talked about the Hindu religion and also
used to say that all the Muslims are not alike. Due to
this fact, she came under his influence.
7.5. It is the further case of the complainant that
in the month of August 2024, she had lost her father
and the accused had taken the advantage of the said fact
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and proposed her for marriage and also impressed upon
her to solemnize marriage through Court marriage and
will not disclose to anyone.
7.6. Consequently, the victim come under his
influence. However, on 19.10.2024, the victim came to
know about the fact that the accused is already married.
Due to this fact, an altercation took place between them.
Thereafter, the victim had gone to the house of accused
and talked to his wife. Thereafter, the victim had
stopped talking to the accused.
7.7. It is the further case of the complainant that
accused again started sending reels on her instagram
account and showing himself to be sad. He used to
come to her room forcibly and allure her to transfer his
land in her name and also allure her to give divorce to
his wife in order to marry her.
7.8. In the month of November, 2024, despite
resistance, the accused raped the victim and due to this
fact, she became pregnant. Thereafter, victim disclosed
this fact to accused and impressed upon him to
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solemnize marriage with her immediately, but,
thereafter, the behaviour of accused changed and he had
started ignoring her, on the pretext that he is busy in
work.
7.9. It is the further case of the complainant that
despite resistance made by the victim, he used to rape
her, as and when, the accused so desired. She has
further got recorded in her statement that accused used
to have physical relation with her, but the complainant
intend to have physical relations after the marriage.
7.10. Later on, complainant came to know about
the fact that illegal activities are being carried out in his
hotel. In this regard, a verbal altercation took place
between them. Thereafter, accused also threatened her
in the name of gangsters and also threatened not to visit
his inlaws and not to disclose anything to any of his
relatives, otherwise, he will get her finished. Due to this
threatening, the complainant got frightened, as
according to her, apart from the illegal activities in the
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hotel, accused also used to sell chitta. Hence, she has
prayed that action be taken against the accused.
8. On the basis of the above facts, the police
registered the FIR, in question and the criminal
machinery swung into motion.
9. On 15.02.2025, the victim was medicolegally
examined. On 16.02.2025, physical evidence, so
collected by the doctor were handed over to the Police. As
per the MLC, injuries found on the person of the
complainant were opined to be caused with blunt
weapon and were found to be caused within the duration
of ten days.
10. Thereafter, the doctor adviced Ultra
sonography of the victim, on the basis of which Section
115(2) of BNS was added. Spot map was prepared on
the identification of the victim and the physical evidence
from there was also taken into possession.
11. As per the report, dated 18.02.2025, of the
doctor, the victim was found to be carrying foetus of
about 12 weeks and 2 days.
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12. On 20.02.2025, the victim was produced
before the Court, where her statement under Section 183
was recorded. On 22.2.2025, accused (applicant) was
arrested. He was also medicolegally examined.
13. Thereafter, the victim has produced an
application before the police for getting the foetus
aborted. Consequently, she was produced before the
doctor at Nalagarh from where, she was referred to Zonal
Hospital, Solan.
14. On 25.2.2025, the victim was admitted in
Zonal Hospital, Solan, for her medical termination of
pregnancy and the product of conception had been
preserved for DNA profiling and was sent to SFSL Junga
for DNA profiling.
15. It is the further case of the Police that during
investigation, the victim has resiled from her earlier
statement with regard to beatings on 12.2.2025 and
stated that those injuries were caused due to fall. On
the basis of the investigation, Section 115(2) was deleted
from the case.
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16. In the statement, recorded under Section 183
BNSS, the victim got recorded that Rahul Khan and
Deep Chaudhary, had also threatened her on
13.02.2025, at Nalagarh. Since, the said offence was
allegedly found to be committed in the jurisdiction of
Police Station, Nalagarh, as such, the complainant was
directed to file complaint in the Police Station Nalagarh.
17. Consequently, a complaint was produced
before the Police Station Nalagarh, where, FIR No.48/25
dated 18.02.2025, under Sections 251(2) and Section
3(5), was registered.
18. As per the result of DNA profiling, the
applicant was not found to be the biological father of the
product of conception. The investigation, in the present
case, is stated to have been completed and the case is
now listed for PWs.
19. No other case is stated to have been registered
against the applicant. Hence, a prayer has been made to
dismiss the application.
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20. In this case the corroborative piece of
evidence is DNA report, which is in favour of the
applicant. In this backdrop, the material question,
which arises for determination before this Court is that
as to whether the applicant is entitled for the relief, on
the basis of this fact or not.
21. The report of DNA is corroborative piece of
evidence, whereas, it is not the case of the victim that
she has been raped by the applicant only once. It is her
specific case that applicant raped her on various
occasions, the details of which have been mentioned in
the status report.
22. Considering the seriousness of the offence,
according to which, the applicant allegedly introduced
himself to the victim as an imposter by pretending
himself belonging to a particular caste and religion, on
the pretext that victim would then talk to him, in case
the applicant is ordered to be released on bail, chances
are there that he will try to coerce the victim, as well as,
the witnesses not to depose against him, as, in this case,
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it is specific stand of the victim that applicant threatened
her not to disclose the fact when the factum of his
marriage came to the notice of the victim.
23. Another fact, which has also rightly been
pointed out by learned Additional Advocate General that
the applicant on the basis of his financial and muscle
power has exploited the victim, who has lost her father,
after gaining her sympathy.
24. Even otherwise, considering the allegations,
as contained in the complaint, according to which, the
applicant has also threatened her, this Court is of the
view that at this stage, if the applicant is released on
bail, then chances of coercing the victim cannot be ruled
out completely. Otherwise, the case is at the crucial
stage, as the victim is yet to be examined.
25. Considering all these facts, this Court is of the
view that the applicant has failed to make out a case for
releasing him on bail, at this stage. Consequently, the
application is dismissed.
26. Any of the observations, made herein above,
shall not be taken as an expression of opinion, on the
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merits of the case, as these observations, are confined,
only, to the disposal of the present bail application.
( Virender Singh )
Judge
June 02, 2025(ps)
