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2025 DIGILAW 1052 (HP)

Mohsin Ahmed v. State of Himachal Pradesh

2025-05-19

BIPIN CHANDER NEGI

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JUDGMENT : Bipin Chander Negi, J. 1. The present bail petition has been filed under Section 483 of the BNSS for grant of bail in FIR No.191 of 2024, dated 25.11.2024, registered at Police Station, Majra, District Sirmaur, H.P., under Sections 6, 17 of Protection of Children From Sexual Offences Act (POCSO Act) and Section 123 of BNS 2023. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The complainant is stated to be serving in the Indian Army and hence normally stays away from his family. The complaint in the case at hand is the father of a minor child. The allegation in a nutshell is that the complainant’s wife and the bail petitioner have an illicit relation and have exposed the minor child to sexual activities. 4. As per the complaint, it is alleged that on 21.8.2024, the complainant’s wife and the bail petitioner had stayed in City Heart Hotel, Paonta Sahib alongwith the minor child. The complainant’s wife is stated to have prepared obscene videos which were recorded on the I-Phone on the bail petitioner. From the same, it is evident that the minor child has been exposed to sexual activities. The phone on which the obscene videos were recorded fell into the hands of the complainant’s family and it is only then that the illicit relationship inter se the complainant’s wife and the bail petitioner were discovered. Besides exposure of the minor child to sexual activities were also discovered from the obscene videos recorded on the I-phone. 5. In order to stay at City Heart Hotel at Paonta Sahib on 21.8.2024, it is alleged that the bail petitioner had created a fake Aadhar card. Hence, the offence of forgery is alleged to have been committed by the bail petitioner. Other than the aforesaid, it is alleged that the bail petitioner had been administering poison to the family members of the complainant. 6. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. 6. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. 7. From the nature of evidence coming on record, prima facie, it appears to be a case of sexual assault for which punishment is maximum five years. Nothing incriminating has been revealed in the scientific evidence adduced qua poisoning of the family members of the complainant by the bail petitioner. As already stated supra, the investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. 8. 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 defence. The burden of his detention falls heavily on the innocent members of his family. In the status report, no criminal antecedents of the bail petitioner have been alleged. 9. 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. 10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. As per the status report, bail petitioner is stated to be a resident of Village Mehruwala, P.O. Bhagani, Tehsil Paonta, Sahib, District Sirmaur, H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 11. 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 him to turn out to take justice at the hands of the Court. 12. 11. 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 him to turn out to take justice at the hands of the Court. 12. 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 his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.191 of 2024, dated 25.11.2024, registered at Police Station, Majra, District Sirmaur, H.P., under Sections 6, 17 of Protection of Children From Sexual Offences Act (POCSO Act) and Section 123 of BNS 2023 shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.1,00,000/- (one lakh) with one personal and one 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 his 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 his 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 his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13 . It is open for the Investigating Agency to move appropriate application in that regard. 13 . 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. 14. 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. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, Nahan, District Sirmour H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 16. 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, District Sirmour H.P., is directed to inform this fact to the Secretary, DLSA, Nahan. The Superintendent, Model Central Jail, Nahan, District Sirmour H.P, is further directed that if the petitioner fail 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. 17. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail, Nahan, District Sirmour H.P. and the learned trial Court by FASTER. 18. 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.