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2025 DIGILAW 482 (HP)

Naresh Kumar v. State of Himachal Pradesh

2025-03-24

BIPIN CHANDER NEGI

body2025
JUDGMENT : (Bipin Chander Negi, J.) The present bail petition has been filed under Section483 of the BNSS for grant of bail, in FIR No.8 of 2025, dated 07.01.2025, registered at Police Station, Nalagarh District Solan, H.P., under Sections 64, 62 140(3) of the BNS, 2023. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The alleged incident is dated 07.01.2025. The bail petitioner and the victim both work at the same place. The duty of the victim on 07.01.2025 came to an end at 10.00. P.M. At 10.00 P.M. General Manager/bail petitioner offered to drop the victim to her residence. On previous occasions also after finishing with her daily duty, the victim had been dropped at her residence by the bail petitioner. 4. On 07.01.2025 i.e. the date of occurrence, the bail petitioner was in an inebriated state. Rather than dropping the victim to her residence, he took a detour. The victim requested the bail petitioner to drop her at her residence, however, the bail petitioner was adamant that the victim should consume liquor with him. A per the version of the victim, the bail petitioner attempted to commit forcible sexual intercourse with the victim. 5. The bail petitioner indecently touched the victim. After having misbehaved with the victim, the bail petitioner had dropped the victim at her residence. While dropping her, the bail petitioner had meted out threats with respect to her job. 6. The petitioner in the case at hand was arrested on 22.1.2025. As on date, he is in judicial lock up. Investigation in the case at hand is complete. Challan Stands filed. As per the status report, no further investigation is required to be done in the case at hand. 7. Whether an alleged indecent assault as done in the case at hand amounts to an attempt to commit rape is to be determined at trial. At this stage, it would not be appropriate for the Court to comment on the evidence collected by the prosecution. As any observation made at this stage would cause grave prejudice to either side. 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. As any observation made at this stage would cause grave prejudice to either side. 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. 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 and Post Office Tunsu, Tehsil Ramshehar, District Solan H.P. In order to ensure his presence at trial stringent condition 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. 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.8 of 2025, dated 07.01.2025, registered at Police Station Nalagarh Districct Solan H.P. under Sections 64, 62, 140(3) of the BNS, 2023, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (fifty thousand) with 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). 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 . 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, Sub Jail, Nalagarh, District Solan, 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, Sub Jail, Nalagarh, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Sub Jail, Nalagarh, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, Sub Jail, Nalagarh, District Solan, 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, Superintendent, Sub Jail, Nalagarh, District Solan, 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.