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Himachal Pradesh High Court · body

2025 DIGILAW 657 (HP)

Naveen Thakur v. State of H. P.

2025-04-07

VIRENDER SINGH

body2025
JUDGMENT : (Virender Singh, J.) The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 6 of 2025, dated 19.3.2025, registered under Sections 137 (2), 87, 64, 249 and 61(2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 6, 7 and 21 of Protection of Children from Sexual Offences (hereinafter referred to as ‘the POCSO Act’), with Police Station, Moorang, District Kinnaur, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is not aware about the factum that the child victim and his minor son, are in love affair, with each other. 4. The contents of the FIR are stated to be result of consultation and deliberation. The applicant is stated to be not required by the Police, for custodial interrogation, as, he is innocent person. 5. The applicant has tried his luck by moving application No. 51 of 2025, before the learned Additional Sessions Judge, Fast Track Special Court, Kinnaur at Rampur Bushehar, District Shimla, H.P., however, the same was dismissed, on 27.3.2025. 6. On the basis of above facts, Mr. Vinod Kumar Suman, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 7. On the basis of above, applicant has sought the relief, as claimed, in the present bail application. 8. When, put to notice, the Police has filed status report, disclosing therein, that on 19.3.2025 from the office of Superintendent of Police, Kinnaur, a complaint was received, through e-mail, in Police Station, Moorang, disclosing therein that the complainant, who is father of the child victim, got mentioned in the complaint that son of the applicant, i.e. the Child in Conflict with Law, (hereinafter referred to as ‘the CCL’) had enticed away his minor daughter, on 2.1.2025. Thereafter, he has kept her in his house. However, she was thrown out of the house, on 2.2.2025, upon which, the complainant took her back to his home. Thereafter, he has kept her in his house. However, she was thrown out of the house, on 2.2.2025, upon which, the complainant took her back to his home. 8.1 It is the further case of the complainant that the child victim was found to be pregnant and the CCL is stated to have thrown her out of the house, by dis- associating himself from the foetus, which, she was carrying. 8.2 Apart from this, according to the complainant, mother of the CCL, ‘Y’ and brother ‘Z’ are also stated to be using abusive language against the child victim, as such, a prayer has been made to take action against them, upon which, the Police registered the FIR in question, and criminal machinery swung into motion. 8.3 It has been mentioned in the status report that the child victim was got medically examined at PHC, Moorang. Thereafter, the statement of the child victim was recorded, under Section 180 of BNSS. The physical evidence, so collected by the Doctor, was handed over to the Police, which was sent to the SFSL, Junga. The date of birth of the CCL was obtained from Secretary, Gram Panchayat ‘X’, and his date of birth was found to be 7.3.2008. As such, he has been declared as the ‘Child in Conflict with Law’. The CCL was arrested and his custody was handed over to his father (applicant). 8.4 On 20.3.2025, the Medical Officer, Regional Hospital, Reckong Peo medically examined the child victim. On 20.3.2025, statement of the child victim was got recorded, under Section 183 BNSS. The date of birth of the child victim was found to be 6.3.2008. 8.5 As per the status report, the parents of the CCL had moved the application for bail, before the learned Special Judge, (POCSO), Rampur, however, the same was rejected, on 26.3.2025. Thereafter, wife of the applicant was arrested, on 27.3.2025. 8.5 After perusing the said status report, interim protection was granted to the applicant, on 1.4.2025, and the matter was adjourned, for today. 9. Today, the Police has filed the status report disclosing therein, that the applicant has joined the investigation. According to the status report filed today, the applicant was aware about the fact that both the child victim, as well as, the CCL are minor. However, despite knowing this fact, he did not inform the said fact to the Police. 9. Today, the Police has filed the status report disclosing therein, that the applicant has joined the investigation. According to the status report filed today, the applicant was aware about the fact that both the child victim, as well as, the CCL are minor. However, despite knowing this fact, he did not inform the said fact to the Police. 9.1 Lastly, it is the case of the Police that nothing is to be recovered, nor, anything is to be investigated from him. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. Heard. 12. The applicant, in pursuance of directions, issued by this Court, on 1.4.2025, was released on bail. He is stated to have joined the investigation, and as per the specific stand of the Police, nothing is to be recovered from him, or, at his instance. 13. Moreover, the applicant is permanent resident of District Kinnaur, as such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for trial. 14. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation of the applicant. As such, the interim order dated 1.4.2025, is liable to be made absolute. As such, the interim order, dated 1.4.2025, is made absolute. Consequently, the bail application is allowed, subject to the following conditions:- a) That the applicant will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court. c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Investigating Officer or the Court. d)That the applicant shall make himself available for the purpose of interrogation, if so required 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. 15. Any of the observations, made hereinabove, 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 application. 15. Any of the observations, made hereinabove, 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 application. 16. The applicant is directed to move regular bail application, when, charge sheet will be filed in the Competent Court of law. 17. 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 violated by the applicant.