Arjun Rawal vs State Of H.P

Virender Singh, J

The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) seeking his release on bail, during the pendency of trial, arising out of case FIR No. 47 of 2024, dated 6.12.2024, under Sections 74, 75, 78, 79, 351(2) and 352 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), Section 67 of the Information Technology Act, (hereinafter referred to as ‘the IT Act’) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’) registered with Women Police Station, Baddi, District Solan, H.P.

According to the applicant, he has been falsely implicated in the present case. At present, he is in judicial custody since 6.5.2025 and lodged in District Jail, Kishanpura, Baddi, H.P.

It is the case of the applicant that investigation, in the present case, is complete and Police has filed the charge-sheet.

According to the applicant, except the present case, no other case has been registered against him.

The applicant has earlier tried his luck by moving application before the learned Additional Sessions Judge, Fast Track, Special Court (POCSO), Solan, District Solan, H.P., however, the same was dismissed, on 5.7.2025. Thereafter, he has again approached this Court by moving Cr. M.P.(M) No. 2492 of 2025, which was dismissed as withdrawn, on 29.10.2025.

Apart from this, learned counsel for the applicant has pointed out that the applicant is a young man of 20 years, and no useful purpose would be served by keeping him in the judicial custody, as according to him, chances of conclusion of trial, against him, are not so bright, in near future.

The applicant, through his counsel, 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.

On all these submissions, Mr. Pankaj Mehta, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.

When, put to notice, Police has filed the status report, disclosing therein, that on 6.12.2024, complainant moved a complaint before Women Police Station, Baddi, disclosing therein that he is permanent resident of Uttar Pradesh, and, at the relevant time, he was residing in ‘X’ village, since 2016, alongwith his family members. He has stated that he is working in a Pharma Company in Baddi. According to the complainant, about 6-7 months prior to making the complaint, his daughter (the child victim), who was studying in 11th Class, disclosed that the applicant, who was having mobile number ‘XXX’ was stalking her and threatened her to marry him, otherwise, he will finish her entire family.

9.1 According to the complainant, he forcibly intercepted the child victim and clicked her photographs. In the absence of the complainant, applicant used to visit his house. Efforts were made to make him understand. Relatives of the applicant were also involved and when they tried to make them understand, he left Baddi. Due to public shame, the matter was not reported to the Police.

9.2 However, from the last two months, according to the complainant, applicant had started forwarding messages to the child victim, by making a forged ID, containing vulgar contents. When, the complainant confronted him, he flatly refused to stop harassing the child victim and started abusing the complainant, upon which, on 10.11.2024, a complaint was forwarded to the Dy.G.P. of Himachal Pradesh, through online mode. Alongwith the complainant, he has also annexed the copies of the screen-shots of the messages, allegedly forwarded by the applicant.

9.3 On the basis of above facts, Police registered the FIR. During investigation, the aforesaid mobile number was found issued in the name of applicant. Thereafter, the police team was deputed to bring him back from Uttar Pradesh, and he was arrested on 6.5.2025. His mobile phone was also taken into possession. On checking the same, the photographs of the child victim were also found in the phone. The said mobile phone was sent to SFSL, Junga for retrieving the data, but nothing was found in the data.

9.4 After completion of investigation, the Police has filed charge-sheet against him. According to the Police, there are total 27 witnesses and the case is now stated to be fixed for 7.3.2026, for recording the statements of PWs at serial Nos.1 and 2.

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

Investigation, in the present case, is complete and charge sheet has been filed, upon which, the competent Court of law has taken congnizance.

Although, the case is now listed for PWs on 7.3.2026, however, keeping in view the number of prosecution witnesses, i.e. 27 witnesses, this Court is of the view that

Moreover, considering the maximum punishment, provided for the offences, for which, he has been arrested, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, as keeping him in judicial custody, would be nothing, but pre-trial punishment, which is prohibited under the law.

In the status report, the age of the applicant has been mentioned as 20 years. Keeping the applicant in judicial custody, that too, in the company of hardened criminals, would certainly affect his future.

Moreover, the bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial.

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 the trial, arising out of FIR No. 47 of 2024, dated 16.12.2024, registered under Sections 74, 75, 78, 79, 351(2) and 352 of the BNS, Section 67 of the IT Act, and Sections 8 and 12 of the POCSO Act, registered with Women Police Station, Baddi, District Solan, 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 District Jail, Kishanpura, 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 District Jail, Kishanpura is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of the District Jail, Kishanpura 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.