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Himachal Pradesh High Court · body

2025 DIGILAW 950 (HP)

Shagun Garg v. State of H. P.

2025-05-07

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. The applicant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 13 of 2025, dated 25.3.2025, registered under Sections 74, 115 (2), 351 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections 8 and 21 of Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’) and Section 3(1)(U) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Nahan, District Sirmour, H.P., by surrendering herself to the custody of the Court. 2. According to the applicant, she is innocent person and has falsely been implicated, in the present case. 3. As per the applicant, she is permanent resident of the address mentioned in the application, and is having deep roots in the society. 4. The applicant has given certain undertakings, through her counsel, for which, she is ready to abide by, in case, relief is granted to her. 6. When, put to notice, the Police filed status report, disclosing therein that on 25.3.2025, complainant alongwith child victim and member of CWC appeared before the Women Police Station and made a statement, under Section 173 of BNSS and disclosed that she is resident of the address mentioned in the complaint and has four daughters. None of her daughters are married. The child victim is stated to be the youngest one, studying in 9 th standard. She is stated to be working in MMU at place ‘X’. Her husband is stated to be working in Sarahan with Haryana Wireless. 6.1 The complainant has further stated in the complaint that the child victim told her that on 9.3.2025, when she, alongwith her class-mate, were sitting outside the school, then, her teacher slapped her and asked as to what was she doing with the boy, upon which, the complainant thought that there might be the mistake of the child victim, and she might have been rightly slapped by the applicant. The complainant also scolded the child victim by saying that no such complaint should come in future. Thereafter, sister-in-law of the complainant inquired about the whereabouts of the child victim, upon which, the complainant disclosed to her that the child victim had gone out with her permission. The complainant also scolded the child victim by saying that no such complaint should come in future. Thereafter, sister-in-law of the complainant inquired about the whereabouts of the child victim, upon which, the complainant disclosed to her that the child victim had gone out with her permission. 6.2 On 18.3.2025, the husband of the complainant received a phone call from the school of the child victim, with a request to come to the school, on 19.3.2025. On 19.3.2025, it was apprised to the parent of the child victim by the Principal of the school that the child victim was found in objectionable condition and asked them to get his daughter admitted in some other school. Thereafter, the transfer certificate of the child victim was issued by the Principal of the school. 6.3 It has been mentioned in the status report that when the daughters of the complainant inquired from the Principal as to why their sister has been rusticated from the school, then, she apprised them that she was having videos and photographs of the child victim, but she had deleted them after seeing the same. Thereafter, the daughters of the complainant apprised this fact to the complainant. 6.4 The complainant inquired from the applicant as to why the child victim was slapped, upon which, she started talking in rough language and taunted her that the complainant is unable to take care of their children. 6.5 In addition to this, it has further been mentioned in the status report that the applicant has made caste based aspersions. The applicant is stated to have threatened the child victim not to come in her way, otherwise she will break her legs. 6.6 On the basis of above facts, a prayer has been made to take action against the applicant, upon which, the Police registered the FIR in question. 6.7 The child victim and the complainant were produced before the learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P., where their statements were got recorded. 6.8 It is the further case of the Police that when the service provider of mobile phone of the applicant was requested to obtain her CDR, then, it was found that on 20.3.2025 at about 8:47 p.m., there was a talk between the complainant and brother of the applicant, for about30 seconds. Thereafter, the requisite documents from the school of the child victim were obtained. Thereafter, the requisite documents from the school of the child victim were obtained. 6.9 During investigation, it was found that on 9.3.2025, the child victim had gone to market, where her classmate met her. Thereafter, both of them sat on the stairs, leading to the opposite of the house of the applicant. In the meanwhile, the applicant came there and scolded both of them and slapped the child victim. On 10.3.2025, Hemant Garg (brother of the applicant) apprised the Principal Sangeeta Bhatti about the said fact. On 19.3.2025, the complainant came to the school, where the Principal had apprised about the information, which was given to her by Hemant Garg. Thereafter, her school leaving certificate was issued. 6.10. On the basis of above facts, the applicant was ordered to be released on interim bail, on 11.4.2025, and the matter has been adjourned, for 30.4.2025. 6.11. In the supplementary status report, filed by the Police, it has been mentioned that the applicant has joined the investigation and her mobile phone was also taken into possession and the same was sent to SFSL, Junga. The voice samples of the applicant were also obtained. 6.12 In the status report filed today, it has been mentioned that the applicant Shagun Garg was found to be of General Category and except the present case, no other case is found to have been registered against her. 7. On the basis of above facts, a prayer has been made to dismiss the application. 8. Investigation in the present case is stated to be almost complete. 9. The role, allegedly played by the applicant, in the commission of offences, will be proved during the trial. At the time of deciding the bail application, the detailed discussion about the material collected by the I.O. should be avoided, as it would cause prejudice to the case of prosecution or to the case of accused. 10. The application cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicant is presumed to be innocent, till the conclusion of the trial. 11. Considering all these facts, the interim order dated 11.4.2025 is liable to be confirmed. Consequently, interim order dated 11.4.2025, is made absolute. 10. The application cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicant is presumed to be innocent, till the conclusion of the trial. 11. Considering all these facts, the interim order dated 11.4.2025 is liable to be confirmed. Consequently, interim order dated 11.4.2025, is made absolute. She is ordered to be released on bail in case FIR No. 13 of 2025, dated 25.3.2025, under Sections 74, 115 (2), 351 (2) of the BNS, Sections 8 and 21 of the POCSO Act and Section 3(1) (u) of the the SC & ST Act, registered with Police Station, Nahan, District Sirmour, H.P., on her furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions:- a) That the applicant shall join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That the applicant shall not leave India, without prior permission of the Court. c) That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court. d) That the applicant shall make herself 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. 12. In view of above, the bail application is disposed of. 13. 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. 14. The applicant is directed to move regular bail application, when, charge sheet will be filed in the competent Court of law. 15. 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 applicant.