Himachal Pradesh High Court

Reserved On : 15.05.2025 vs State Of Himachal Pradesh on 20 May, 2025

Author: Virender Singh

Bench: Virender Singh

                                          1                         ( 2025:HHC:14611 )

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                              CrMP (M) No. :             812 of 2025
                                              Reserved on :               15.05.2025
                                              Decided on   :              20.05.2025



Jagdish Kumar @ Jaggu                                                 ...Applicant

                                          Versus

State of Himachal Pradesh                                             ...Respondent


Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the applicant : Mr. V.S. Chauhan, Senior Advocate with Mr. Pranshul Sharma & Mr. Arthav Gharaik, Advocates.

For the respondents : Mr. Tejasvi Sharma, Additional Advocate General assisted by ASI Rajeev Kumar, Police Station Kasauli, for respondent No.1.

Respondents No.2 and 3 in person

Virender Singh, Judge.

ApplicantJagdish Kumar @ Jaggu, has filed the

present application, under Section 483 of the Bharatiya

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 ( 2025:HHC:14611 )

Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as

the 'BNSS'), with a prayer to release him on bail, during

the pendency of the trial, arising out of FIR No.101 of

2024, dated 13.12.2024, registered under Sections 74,

126(2) of the Bharatiya Nyaya Sanhita (hereinafter referred

to as the 'BNS') and Sections 8 and 12 of the Protection of

Children from Sexual Offences Act (hereinafter referred to

as the POCSO Act), with Police Station Kasauli, District

Solan, H.P.

2. According to the applicant, he has falsely been

implicated and arrested, in the present case.

3. Investigation, in the present case, is stated to

have been completed and the police has filed the charge

sheet and cognizance has been taken by the competent

Court of law. The case is now stated to have been fixed for

PWs.

4. Asserting the fact that the applicant has

nothing to do with the alleged offences, for which he has

been arrested, young age of the applicant has also been

putforth, as one of the grounds for releasing him on bail.

3 ( 2025:HHC:14611 )

5. The applicant had also tried his luck, by moving

similar application, before the Court of learned Additional

Sessions Judge, Fast Track Special Court (POCSO), Solan,

which was dismissed on 21.02.2025.

6. The applicant, has given certain undertakings,

for which, he is ready to abide by, in case, ordered to be

released, on bail, during the pendency of the trial.

7. When put to notice, the police filed the status

report that on 13.12.2024, the complainant appeared

before Police Post Kuthar and moved a complaint,

mentioning therein, that the child victim, aged about 13

years, is his daughter and studying in 7th Class in School

'X'. According to the complainant, she had been sexually

harassed by Jagdish Kumar @Jaggu (applicant) and he

had also used inappropriate language against her. He has

further got recorded that he was away from his home and

when came back, the child victim, as well as, his wife

disclosed this to him.

8. On the basis of the above facts, FIR in question

was registered and the criminal machinery swung into

motion.

4 ( 2025:HHC:14611 )

9. On 14.12.2024, the child victim was produced

before the Court of learned Additional Chief Judicial

Magistrate, Kasauli, where her statement under Section

183 of BNS was recorded. Thereafter, the child victim

identified the spot and spot map was prepared. Statements

of the witnesses, under Section 180 BNS, were also

recorded.

10. On 15.12.2024, at about 2.40 p.m., the accused

(applicant) was arrested and he was medicolegally

examined by the Doctor at CHC, Chandi. On 16.12.2024,

he was produced before the Court, from where, he was

remanded to the judicial custody. Thereafter, the I.O., on

17.12.2024, has made a correspondence with the Principal

of the School, where the child victim was studying, with

regard to the date of birth certificate and report of Anti

Sexual Harassment Committee.

11. Thereafter, the members of the Committee were

associated in the investigation and their statements were

recorded. The documents, pertaining to the date of birth of

the child victim, were procured, according to which, her

age was found to be 12 years, 1 month and 22 days, on the 5 ( 2025:HHC:14611 )

day of alleged occurrence. Accused (applicant) is found to

be the resident of village of the child victim.

12. It has also been transpired in the investigation

that on 13.12.2024, at about 8.40 a.m., the child victim,

along with her brother, was on her way to school on the

Scooty of her uncle, however, on the way the tyre of the

Scooty got punctured. Consequently, the child victim and

her brother proceeded towards the school on foot, where

the accused (applicant) met her, who directed her brother

to move ahead.

13. Thereafter, the accused had stopped the child

victim on the allurement of giving ten rupees to her and

thereafter, he has started doing obscene acts with her and

also directed the child victim to hold his private part.

Thereafter, she has reached the school and disclosed the

acts to her friend, who has disclosed this fact to the Class

teacher, who further apprised this fact to the Anti Sexual

Harassment Committee of the School. Thereafter, Section

126(2) of BNS was added.

14. The investigation, in the present case, is stated

to have been completed, as, the chargesheet has been filed 6 ( 2025:HHC:14611 )

in the competent Court of law. The case is now stated to

have been fixed for 27.05.2025 for PWs and till date, no PW

has been examined.

15. It has also been mentioned in the status report

that in case, the applicant is released on bail, he may not

be available for trial and may also coerce the witnesses. In

addition to this, it has also been pleaded that there is lot of

resentment in the local people, as such, a prayer has been

made to dismiss the application.

16. Considering the fact that the investigation in

the present case is complete and the charge sheet has been

filed and the charges have also been framed against the

accused, this Court is of the view that no useful purpose

would be served by keeping the applicant in the judicial

custody, that too, for indefinite period.

17. Apart from the present case, no other case is

stated to have been registered against the applicant, as

such, presumption of innocence is still available to the

applicant.

18. Considering the averments, as made in the

application, this Court is of the view that the accused 7 ( 2025:HHC:14611 )

cannot be kept in the judicial custody for indefinite period,

as the chances of conclusion of trial against the accused

are not so bright.

19. The applicant is permanent resident of District

Solan, as such, it cannot be apprehended that he may not

be available for trial, in case, ordered to be released on

bail.

20. So far as the apprehensions, which have been

expressed by the police, in the status report, are

concerned, for those apprehensions, reasonable conditions

can be imposed, in case, the applicant is ordered to be

released on bail.

21. Even otherwise, considering the maximum

punishment, provided for the offences, levelled against the

applicant, dismissal of bail application would be nothing,

but, pretrial punishment, which is prohibited under the

law.

22. Considering all these facts, this Court is of the

view that the bail application is liable to be allowed and is

accordingly allowed. The applicant is ordered to be released

on bail in case FIR No.101 of 2024, dated 13.12.2024, 8 ( 2025:HHC:14611 )

registered, under Sections 74, 126(2) of the BNS and

Sections 8 and 12 of the POCSO Act, with Police Station,

Kasauli, District Solan, H.P., on his furnishing personal

bond, in the sum of Rs.50,000/, with two sureties of the

like amount, to the satisfaction of learned trial Court.

22. This order of release, however, shall be subject

to the following conditions :

"a) Applicant shall appear before the I.O., as and when directed by the I.O. to do so and 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) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) 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 Officer; and

d) Applicant shall not leave the territory of India without the prior permission of the Court."

23. 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 applications.

9 ( 2025:HHC:14611 )

24. It is made clear that the respondentState is at

liberty to move an appropriate application, in case, any of

the bail conditions is found to be violated by the bail

applicants/petitioners.

25. The Registry is directed to forward a soft copy of

the bail order to the Superintendent of Jail, SubJail, Solan