Sahil Rana vs State Of Himachal Pradesh & Another

Virender Singh, J

Applicant­Sahil Rana has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, in case FIR No.134 of 2025, dated 24.05.2025, registered under Sections 64(1), 74, 78, 132, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the ‘BNS’) with Police Station Sadar Chamba, District Chamba, H.P.

According to the applicant, he is innocent person and has falsely been implicated, by the police, in the present case.

As per the applicant, he has no concern with the crime in question. Investigation, in the present case, is complete and according to the applicant, even there is no iota of legal evidence, connecting him with the commission of the alleged offence.

The applicant has earlier tried his luck by moving similar application before the Court of learned Additional Sessions Judge, Chamba, District Chamba, however, the said application has been dismissed on 9. 10.2025.

Apart from the above, learned counsel appearing for the applicant, has 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 the trial.

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

When, put to notice, police has filed the status report, disclosing therein, that on 24.05.2025, the prosecutrix/respondent No.2, had moved a complaint before the police, alleging therein, the following facts:­

“That I xxx 25 years working currently as Nurse in the Pandit Jawahal Lal Nehru Medical College Chamba. About one and hald year ago, I was in relationship with Sahil Ram from Nurpur. on Later the started blackmailing me for my nude pics & videos that he had recorded secretly without my consent at that point I did not inform police because he was threatening me that he will viral my pics and videos, deface me, my parents in front of my society and every one around. From that point onwards he is blackmailing since I was working in Raj Hospital Pathankot till now. Now his is threatening me and my friend Dr. Sahil Thakur the he will defaming. He already had done this from multiple contacts in front of my friends, parents. Today on dated 24.05.2025 I was working in my evening shift from 2 pm to 8 pm and I came to know through my staff that 2/3 persons are searching to me in at around 4.30 pm ­5pm. He already had done this, threaten me few month ago he and his friends threaten me few month ago he and his friends threatens me that they will throw acid on me after my shift. He/Sahil Ran push me and touch me and touch me from my private part (breast) while I was outside OT. I have complain multiple reporters against this person in Mahila thana Chamba but no satisfactory response was found. He wasgiving me death threat today and blackmailing me. Kindly help me. I shall be very thankful. Kindly do something before I commit suicide. Thanking yours sincerely XXX phone No. 9816448835. Accused Sahil Rana Phone No. 9644751577, Rana's Mother No. 96698­45777.”

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

It is the further case of the police that on25. 05.2025, spot was visited and spot map was prepared. Photographs of the spot were also clicked. On 28.05.2025, the prosecutrix was produced before the Court of learned Judicial Magistrate First Class, Chamba, where her statement under Section 183 BNSS was recorded and Section 64(1) of BNS was also added, in this case. Further investigation was entrusted to ASI Suresh Kumar.

On 29.05.2025, the prosecutrix has refused to undergo the medical examination, by giving the same in writing. Thereafter, on 03.06.2025, the prosecutrix appeared before the police post and requested that she may be medico­legally examined, upon which, she was medico­legally examined at Pandiit Jawahar Lal Nehru Medical College, Chamba and MLC was obtained. Blood sample and vaginal swabs, preserved by the doctor, were taken into possession and were sent to RFSL Dharamshala.

On 04.06.2025, the spot, i.e., the house of Sahil Rana was identified by the complainant/prosecutrix and spot map was prepared. On 07.06.2025, the location of the mobile phone of Sahil Rana was found at his house. When the I.O. reached there, Anju Rana along with her son Sahil Rana (applicant), was found. Thereafter, accused Sahil Rana was arrested.

On 08.06.2025, the applicant was produced before the Court of learned Judicial Magistrate First Class, Chamba, from where, he was remanded to police custody for three days. On 10.06.2025, the applicant was again produced before the Court, from where, he was remanded to judicial custody.

It has also been mentioned in the status report that later on, police has deleted the provisions of Section 132 of BNS. Report from RFSL Dharamshala was received. Investigation, in the present case, is complete and the case is listed for checking of copies.

Lastly, it has been apprehended, in the status report, that since the applicant has committed a heinous offence and in case, his bail application is allowed, he may coerce the witnesses and may not be available for trial. As such, a prayer has been made to dismiss the application.

In this case, the prosecutrix – respondent No.2, has also filed objections, in which, she has reiterated the factual position, as narrated, in the complaint.

In addition to this, the prosecutrix has also pleaded that she, under persistent threat of public defamation and humiliation, as the applicant is allegedly having his private and nude photographs and videos, has been blackmailed and harassed by the applicant.

Elaborating her stand, the prosecutrix has pleaded that in the month of August 2024, she was forced to resign from Raj Hospital, Pathankot and thereafter, despite this fact, applicant, along with his friends, continued with his activities, to visit her work place at Chamba and threatened her to throw acid upon her.

In this regard, she has relied upon the documents Annexure R­2/A, which are print outs of whatsapp chat. It is her further case that she had also lodged a complaint to police on 12.04.2025, in which, a compromise has taken place on 14.04.2025.

On the basis of the above facts, the prosecutrix has prayed that bail application may kindly be dismissed.

Investigation, in the present case, is complete, and the applicant presently is in judicial custody. This fact demonstrates that his custodial interrogation is not required.

Moreover, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him, in judicial custody, that too, for indefinite period.

Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pre­trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. Moreover, a person is presumed to be innocent until proven guilty, after the trial

So far as the apprehensions, which have been expressed, by the Police, in the status report, is concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail.

In the status report, it has been mentioned that on 29.05.2025, the prosecutrix, has refused to undergo the medico­legal examination, by giving in writing, however, later on, on 03.06.2025, she voluntarily appeared before the police and expressed her intention to undergo the medico­legal examination. Refusal of Medical Examination by a rape victim, in the opinion of this Court, raises negative inferences.

The view of this Court is being guided, by the decision of Hon’ble Supreme Court in Criminal Appeal No.2097 of 2014, titled as The State of Himachal Pradesh versus Rajesh Mumar @ Munnu, Neutral Citation No.2025 INSC 331. Relevant paragraph 10 of the judgment, is reproduced, as under:­

“10. The afore­extracted portions make it amply clear that the prosecutrix and her parents themselves never fully co­operated with the medical staff, thereby adversely impacting the credibility of their version of events. It is a well­ settled proposition of law that non allowance of medical examination by an alleged rape victim raises negative inferences against them. We cannot ascribe any good reason to the complete lack of assistance that the complainants tendered to the authorities, apart from their contradictory stances before the Court. We are further doubtless in this regard as the High Court, while discussing the prosecutrix’s testimony, has come to the invariable conclusion that she was not mentally unsound – given that she was able to clearly comprehend the question and answer during the cross­examination.”

Moreover, at the time of deciding the bail application, detailed discussion about the merits of the case, should be avoided, but, the facts, which have been mentioned, in the status report, cannot be ignored, while deciding the bail application.

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 in case FIR No.134 of 2025, dated 24.05.2025, registered under Sections 64(1), 74, 78, 351(2) and 351(3) of the BNS with Police Station Sadar Chamba, District Chamba, H.P., on his furnishing personal bonds, in the sum of ₹ 50,000/­, with one sureties of the like amount, to the satisfaction of the learned trial Court.

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

a) The 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court.

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.

It is made clear that respondent­State 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 Jail, District Jail, Chamba, Himachal Pradesh, through e­mail, with a direction to enter the date of grant of bail in the e­prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Chamba, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of Jail, District Jail, Chamba, Himachal Pradesh, 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.