JUDGMENT : Virender Singh, J. 1. Applicant-Jagdish Kumar @ Jaggu, has filed the present application, under Section 483 of the Bharatiya 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. 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 7 th 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. 9. 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. 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 medico-legally 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 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. 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 charge-sheet has been filed 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 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, pre-trial punishment, which is prohibited under the law. 22. 21. Even otherwise, considering the maximum punishment, provided for the offences, levelled against the applicant, dismissal of bail application would be nothing, but, pre-trial 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, 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. 23. 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.” 24. 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. 25. 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 applicants/petitioners. 26. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Solan District Solan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 27. 26. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Solan District Solan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 27. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub-Jail, Solan District Solan, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub-Jail, Solan District Solan, is further directed that if the applicants fail 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.