Anu Sharma vs State Of Himachal Pradesh

Virender Singh, J

Applicant – Anu Sharma, filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of case FIR No.21 of 2025, dated 12.08.2025, registered, under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Women Police Station, Nahan, District Sirmaur, H.P.

The applicant has pleaded that he is innocent person and has falsely been implicated, in the present case.

According to the applicant, he has no concern whatsoever with the crime in question, in which, he has been arrested by the Police.

According to the applicant, the prosecutrix was a patient of heart ailment and was under continuous medical treatment, and on 18.8.2025, she suffered a heart attack at Bus Stand, Nahan and expired.

As per the further stand of the applicant, the allegations levelled in the FIR are inherently improbable, inconsistent and without any supporting material.

The applicant has further pleaded that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping the applicant in judicial custody.

The applicant has earlier tried his luck by moving application before the Court of learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Sirmaur at Nahan, however, his application was dismissed on 8.9.2025. Thereafter, he has again moved bail application before the learned Additional Sessions Judge, Fast Track Court (Rape/POCSO) Sirmour at Nahan, H.P., however, the same has also been dismissed, on 3.12.2025.

Apart from this, learned counsel appearing for the applicant, have given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of trial.

On the basis of the above facts, a prayer has been made to allow the application.

When put to notice, the police has filed the status report, disclosing therein, that on 12.08.2025, the prosecutrix, aged about 22 years, along with her mother and sister, appeared before the Police of Police Station, Nahan and submitted a complaint, mentioning therein, that for the last few years, she is suffering from heart ailment and due to this fact, she is feeling difficulty even in walking.

10.1. According to the prosecutrix, due to the ailment, she is residing with her elder sister (wife of the applicant), since March 2024. In the month of July, she was raped, when her sister had gone out of town and again, she was raped when her sister had gone to her sister-in-law’s house (Nanad) and at that time, her brother-in-law came back and raped her. Lastly, on 9.5.2025, when her sister had gone to attend a marriage, on that day, her brother-in-law (applicant) had raped her.

10.2. Thereafter, on 11.05.2025, the prosecutrix came back to her parents’ home, as such, she has prayed that action be taken against the applicant.

On the basis of the above facts, the police registered the case and criminal machinery swung into motion.

After registration of the FIR, on 12.08.2025, the prosecutrix was medico-legally examined. On 13.08.2025, she was produced before the Court of learnd Judicial Magistrate First Class, Nahan, where, her statement under Section 183 BNSS was recorded, in which, she has levelled the allegations of forcible intercourse against her brother-in-law (jeeja). Thereafter, spot was visited and spot map was prepared.

During investigation, it was found that the prosecutrix was raped by the applicant, in the month of July 2024, January 2025 and lastly, on 09.05.2025, without her consent.

The prosecutrix was suffering from heart ailment and was unable to walk. She was undergoing treatment from Government Hospital, Nahan. Since, house of the prosecutrix was situated at a considerable distance, where, one can only reach on foot, as such, due to the said reason, she was forced to live with her elder sister, in her in-laws house, as her house is adjacent to the road.

On 18.08.2025, when the prosecutrix had come to take medicine to hospital, she suffered a stroke at Bus Stand Nahan and died during treatment.

After receipt of the report, Police filed the charge sheet and the case is now fixed for 22.12.2025, for the office report, before the Court of learned Special Judge Fast Track Court (Pocso/Rape), Nahan, District Sirmour, H.P. It has also been mentioned in the status report that DNA report is also not against the applicant.

On the basis of the above facts, a prayer has been made to dismiss the application.

Investigation, in the present case is complete. Considering the fact that the alleged incident of rape was allegedly committed by the applicant in the month of July, 2024, for the first time and thereafter, the applicant has again committed rape upon the prosecutrix, on 9.5.2025, whereas, the FIR has been lodged on 12.8.2025, this Court is of the view that although, delay would be explained by the prosecution, during the trial, but, at the time of deciding the application, the said fact cannot be ignored by this Court. Moreover, the allegations, which have been levelled against the applicant, would be proved during the trial.

It is no longer res-integra that at the time of deciding the application, the Court should not involve in deciding the guilt/innocence of the accused. At this stage, availability of the applicant, during trial, as well as, apprehensions of threat to the witnesses, are to be seen.

The applicant is permanent resident of District Sirmour, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial.

So far as other apprehensions are concerned, for those apprehensions, reasonable conditions can be imposed, in case, he is released on bail.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No.21 of 2025, dated 12.08.2025, registered, under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Women Police Station, Nahan, District Sirmaur, H.P. on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court.

This order, however, shall be subject to the following conditions:-

a) Applicant shall 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 the 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.

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 application.

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.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Nahan through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Model Central Jail, Nahan is directed to inform this fact to the Secretary, DLSA, Nahan. The Superintendent of Model Central Jail, Nahan is further directed that if the applicant fails 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.