Date Of Decision:17.03.2026 vs State Of Himachal Pradesh on 17 March, 2026

    0
    54
    ADVERTISEMENT

    Himachal Pradesh High Court

    Date Of Decision:17.03.2026 vs State Of Himachal Pradesh on 17 March, 2026

    Author: Sandeep Sharma

    Bench: Sandeep Sharma

                                                                                          2026:HHC:7850
    
    
    
    
             IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                                                  Cr. MP (M) No. 198 of 2026
    
    
    
    
                                                                                 .
                                                           Date of Decision:17.03.2026
    
    
    
    
    
        -----------------------------------------------------------------------------------------
        Ranjit Singh                                                              ...Petitioner
                                                Versus
    
    
    
    
    
        State of Himachal Pradesh                                             ...Respondent
        -----------------------------------------------------------------------------------------
        Coram:
        The Hon'ble Mr. Justice Sandeep Sharma, Judge.
    
    
    
    
                                                     of
        Whether approved for reporting?1 Yes.
        -----------------------------------------------------------------------------
        For the petitioner          :             Mr. Rajiv Rai, Advocate.
                           rt
        For the respondents:                          Mr. Rajan Kahol & Mr. Vishal
                                                      Panwar,    Additional   Advocate
                                                      Generals with Mr. Ravi Chauhan &
    
                                                      Mr.   Anish    Banshtu,   Deputy
                                                      Advocates General.
        -----------------------------------------------------------------------------------------
        Sandeep Sharma, J. (Oral)
    

    Bail petitioner, namely Ranjit Singh, who is behind the

    bars since14.10.2025, has approached this Court in the instant

    SPONSORED

    proceedings filed under Section 483 of Bharatiya Nagarik

    Suraksha Sanhita, for grant of regular bail in case FIR No.193 of

    2025, dated 14.10.2025, under Sections 65(2), 126(2), 351(2) of

    Bhartiya Nyaya Sanhita and Section 6 of the POCSO Act,

    registered at Police Station Barmana, District Bilaspur, Himachal

    Pradesh.

    2. Pursuant to the notices issued in the instant

    proceedings, respondent-State has filed status report and

    1
    Whether reporters of the local papers may be allowed to see the judgment?

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS

    2 2026:HHC:7850

    Constable Sunil Kumar No.452 has come present with the record.

    Record perused and returned.

    .

    3. Close scrutiny of the record/status report reveals that

    on 14.10.2025, victim/prosecutrix (name withheld to protect her

    identity) aged 12 years, came present at police Station, Barmana,

    District Bilaspur, Himachal Pradesh alongwith her parents for filing

    of
    complaint against bail petitioner. Victim/prosecutrix, while claiming

    herself to be studying in Class-7th, alleged that two months back
    rt
    while she alongwith her younger brother was going to school, bail

    petitioner stopped her path and slapped his brother. She alleged

    that bail petitioner forced her brother to run away from the place

    and thereafter, he sexually assaulted her against her wishes. She

    further alleged that when she started weeping, bail petitioner kept

    knife on her neck and extended threats that in case she discloses

    this incident to anyone, he would eliminate her as well as her

    parents. She alleged that on account of fear, she was unable to

    disclose aforesaid incident to anybody. She alleged that on 10th

    October, 2025 when she was going to school, bail petitioner again

    attempted to sexually assault her, however she alongwith her

    brother succeeded in fleeing from that place and disclosed the

    entire incident to her parents. In the afore background, FIR, as

    detailed hereinabove, came to be lodged against the petitioner and

    since then he is behind the bars. Since investigation in the case is

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    3 2026:HHC:7850

    complete and nothing remains to be recovered from the bail

    petitioner, he has approached this Court in the instant proceedings

    .

    for grant of regular bail.

    4. Mr. Rajiv Rai, learned counsel representing the

    petitioner, submits that the petitioner has been falsely implicated

    for the reason that he had lodged complaint against the father of

    of
    the victim/prosecutrix for his having indulged in animal fur trade.

    He contends that otherwise also, there is litigation interse his family
    rt
    as well as family of the victim/prosecutrix. While making this Court

    peruse statement of the victim/prosecutrix recorded under Section

    180 of Bhartiya Nyaya Sanhita, learned counsel for the petitioner

    further submits that version put forth by the victim/prosecutrix with

    regard to her being sexually assaulted against her wishes is totally

    false. He states that at first instance victim/prosecutrix never

    disclosed to the police that he had brought the incident to the

    notice of her teacher, but subsequently, while getting her statement

    recorded under Section 183 of Bhartiya Nyaya Sanhita, she

    claimed that she had disclosed the incident to her teacher, who

    subsequently disclosed the same to her parents. He further states

    that prosecution has nowhere associated the brother of the

    victim/prosecutrix in the investigation, who had been allegedly

    accompanying the victim/prosecutrix at the time of first incident as

    well as second incident. He further contends that medical evidence

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    4 2026:HHC:7850

    adduced on record nowhere indicates sexual assault, if any,

    committed by the bail petitioner and as such, petitioner, who has

    .

    been falsely implicated, deserves to be enlarged on bail.

    5. While fairly admitting factum with regard to filing of the

    challan in the competent Court of law, Mr. Rajan Kahol, learned

    Additional Advocate General, submits that though nothing remains

    of
    to be recovered from the bail petitioner, but keeping in view the

    gravity of offence alleged to have been committed by him, he does
    rt
    not deserve any leniency. He states that statement of the

    victim/prosecutrix is sufficient to conclude guilt of the accused,

    especially under Section 6 of the POCSO Act. He states that

    though medical evidence adduced on record does not support the

    case of the prosecution as far as allegation of sexual assault is

    concerned, but certainly categorical statement of the victim/

    prosecutrix that her passage was repeatedly obstructed by the bail

    petitioner and she was repeatedly extended threats to do away

    with her life is sufficient to hold accused guilty of his having

    committed the offence punishable under Section 6 of the POCSO

    Act. He states that since petitioner is involved in a heinous crime,

    coupled with the fact that statement of the victim/prosecutrix is yet

    to be recorded, it may not be in the interest of justice to enlarge the

    petitioner on bail, who in the event of his being enlarged on bail,

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    5 2026:HHC:7850

    may not only flee from justice, but may again cause harm the

    victim/ prosecutrix.

    .

    6. Having heard learned counsel for the parties and

    perused the material available on record, this Court finds that first

    incident of alleged sexual assault upon the victim/prosecutrix was

    committed two months prior to lodging of the FIR. Though,

    of
    victim/prosecutrix has attempted to render explanation qua the

    delay in lodging FIR by stating that since she was under constant
    rt
    fear, she was unable to disclose this incident to her parents.

    However, there is no explanation that what prevented her minor

    brother, who allegedly, at the time of first incident, was slapped by

    the petitioner, failed to inform his parents with regard to indecent

    behaviour of bail petitioner as well as wrongful confinement of the

    victim/prosecutrix. Similarly, brother of the victim/prosecutrix, aged

    8 years, was again present at the time of second incident allegedly

    happened on 10th October, 2025, but yet police chose not to record

    his statement.

    7. Interestingly, victim/prosecutrix in her initial statement

    given to the police under Section 180 of Bhartiya Nyaya Sanhita,

    nowhere stated that she had brought factum of first incident to the

    knowledge of teacher, but in her subsequent statement given to

    the Judicial Magistrate under Section 183 of Bhartiya Nyaya

    Sanhita, she claimed that she had brought aforesaid incident to the

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    6 2026:HHC:7850

    knowledge of her teacher, who subsequently disclosed the same to

    her parents. However, if the statement of the teacher recorded

    .

    under Section 180 of Bhartiya Nyaya Sanhita, nowhere suggests

    that the victim/prosecutrix had specifically disclosed the factum

    with regard to her being subjected to sexual assault by the

    petitioner two months prior to lodging of the FIR, rather teacher

    of
    statement suggests that when he asked prosecutrix that why she

    does not complete her home work, she stated that she is troubled
    rt
    by her neighbour. She never disclosed that she was subjected to

    forcible sexual assault by bail petitioner. School teacher in his

    statement recorded under Section 180 of Bhartiya Nyaya Sanhita

    stated that after having noticed aforesaid complaint of the

    prosecutrix, he advised her to report the matter to her parents.

    There is nothing in the statement of the teacher suggestive of the

    fact that second incident allegedly happened on 10th October, 2025

    was also brought to his notice. Rather as per own statement of the

    victim/prosecutirx she herself brought second incident to the notice

    of her parents, whereafter she alongwith her parents came to

    police Station for lodging the report.

    8. No doubt, statement of the prosecutrix, who is

    admittedly 12 years old, cannot be discarded easily, but same time

    this Court cannot lose sight of the fact that there is delay of more

    than two months in lodging the FIR. First incident had allegedly

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    7 2026:HHC:7850

    happened two months prior to lodging of the FIR. At the time of

    both the incidents, younger brother of the prosecutrix was with her.

    .

    As per statement of the prosecutrix, at the time of first incident, bail

    petitioner slapped his brother and made him to run away from the

    spot, but there is no explanation that why and for what reason

    younger brother of the prosecutrix failed to report the matter with

    of
    regard to abduction and wrongful confinement of her sister to her

    parents. If the statements of the prosecutrix recorded under
    rt
    Section 180 and 183 of Bhartiya Nyaya Sanhita are read in

    conjunction, they clearly suggest that even after the first incident

    bail petitioner kept on troubling her, but at no point of time prior to

    lodging of the FIR, she made any attempt either to report the

    matter to her parents or school authorities.

    9. There are material contradictions and inconsistencies

    in the statements of the prosecutrix recorded under Sections 180

    and 183 of Bhartiya Nyaya Sanhita, coupled with the fact that there

    is delay of two months in lodging the FIR. Most importantly,

    medical evidence adduced on record by the prosecution nowhere

    suggests sexual assault if any, upon the prosecutrix. Neither any

    external or internal injury has been found nor there is specific

    report with regard to forcible attempt at the behest of the petitioner

    to sexually assault the prosecutrix. No doubt, petitioner is accused

    of heinous crime punishable under Section 6 of the POCSO Act,

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    8 2026:HHC:7850

    but guilt, if any, of him is yet to be established on record by

    leading cogent and convincing evidence.

    .

    10. Though, aforesaid aspects of the matter are to be

    considered and decided by learned court below in totality of facts

    and evidence collected on record by the prosecution, but having

    taken note of aforesaid glaring aspects of the matter, this Court is

    of
    persuaded to consider the prayer made on behalf of the petitioner

    for grant of bail, especially when he has already suffered for more
    rt
    than five months.

    11. Recently, Hon’ble Apex Court in case titled The State

    of Uttar Pradesh vs. Anurudh and another, 2026 Supreme(SC)

    46, taking note of blind and misuse of POCSO Act, has proceeded

    to issue certain guidelines or directions, which reads as under:

    ” 19. As the conclusions drawn above indicate the impugned
    judgment and order of the High Court has to be set aside on

    grounds of transgression of the jurisdiction present and thereby
    lacking the appropriate directions. It is to be set aside also

    because it goes against the statutory prescription under the JJ
    Act
    . Be that as it may, this Court has not lost sight of the well-
    intentioned purport of this order. The POCSO Act is one of the
    most solemn articulations of justice aimed at protecting the
    children of today and the leaders of tomorrow. Yet, when an
    instrument of such noble and one may even say basic good
    intent is misused, misapplied and used as a tool for exacting
    revenge, the notion of justice itself teeters on the edge of
    inversion. Courts have in many cases sounded alarm regarding
    this situation. Misuse of the POCSO Act highlights a grim
    societal chasm – on the one end children are silenced by fear

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    9 2026:HHC:7850

    and their families are constrained by poverty or stigma, meaning
    thereby that justice remains distant and uncertain, and on the
    other hand, those equipped with privilege, literacy, social and

    .

    monetary capital are able to manipulate the law to their

    advantage. The impugned judgment is one amongst many
    where Courts have spoken out. Not only are instances rife where

    the age of the victim is misrepresented to make the incident fall
    under the stringent provisions of this law but also there are
    numerous instances where this law is used by families in

    of
    opposition to relationships between young people. In Satish
    alias Chand v. State of U.P.32, the High Court, noted that on few
    occasions concern had been expressed by the Court with
    rt
    respect to application of the Act on consenting adolescence
    when it comes to consensual relationships between teenagers,

    four factors have been highlighted which, is crucial for the Courts
    to consider:

    “A. Assess the Context: Each case should be evaluated on its
    individual facts and circumstances. The nature of the

    relationship and the intentions of both parties should be carefully
    examined.

    B. Consider Victim’s Statement: The statement of the alleged

    victim should be given due consideration. If the relationship is

    consensual and based on mutual affection, this should be
    factored into decisions regarding bail and prosecution.
    C. Avoid Perversity of Justice: Ignoring the consensual nature of

    a relationship can lead to unjust outcomes, such as wrongful
    imprisonment. The judicial system should aim to balance the
    protection of minors with the recognition of their autonomy in
    certain contexts. Here the age comes out to be an important
    factor.

    D. Judicial Discretion: Courts should use their discretion wisely,
    ensuring that the application of POCSO does not inadvertently
    harm the very individuals it is meant to protect.” Crl.Misc.Bail
    Appl.No.18596 of 2024 [See also: Mrigraj Gautam @ Rippu v.
    State of U.P.
    ]33 The Delhi High Court in Sahil v. the State NCT
    of Delhi34
    the Court noted in para 11 of the order that POCSO

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    10 2026:HHC:7850

    cases filed at the behest of a girl’s family objecting to romantic
    involvement with a young boy have become common place and
    consequent thereto these young boys languish in jails. Therein,

    .

    reference is also made to an order of the Gujarat High Court35,

    where the Court noted that considering the closeness in age of
    the prosecutrix and the accused as also the fact that she had left

    home of her own accord observed that the application deserved
    consideration.

    This chasm between access and abuse is also mirrored in the

    of
    misuse of Section 498-A IPC and the Dowry Prohibition Act,
    1961. Amongst numerous examples, we may only refer
    to Rajesh Chaddha v. State of U.P36, where this Court lamented
    rt
    the use of these Sections without specific instances or relevant
    details, among other cases. It is also to be stated though that no

    amount of judicial vigilance against misuse can alone bridge this
    ever-widening gap. The first line of defence lies with the Bar i.e.,
    the body that translates grievance into action and is the
    gatekeeper of justice at the point of 2023: AHC : 204171 2024:

    DHC: 6100 Jayantibhai Babulbhai Alani v. State of Gujarat 2018
    SCC Online Guj. 1223 2025 SCC OnLine SC 1094 entry. When
    it comes to matters such as these, the responsibility of the

    advocate is profound – to examine the allegations with

    detachment and necessary discretion and to counsel restraint
    when grievance masks vengeance and to refuse participation in
    litigation when it can be seen that an ulterior motive is sought to

    be agitated under the guise of seeking protection of the law. It is
    only when the Bar takes a principled, proactive role, that the
    legislation intended as a shield can be stopped from being
    twisted into a weapon. A lawyer who tempers aggression with
    calm, reason and rationality, protects not only the opposing party
    from unwarranted harm but also the client from the long-term
    consequences of frivolous or malicious litigation, including
    adverse orders, and judicial censure. By taking a principled
    stand, the Bar acts as a crucial filter, preventing the legal system
    from being overwhelmed by abuse masquerading as
    enforcement. Such self-regulation strengthens public faith in the

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    11 2026:HHC:7850

    profession, ensures that judicial time is reserved for genuine
    disputes, and reinforces the foundational idea that law is a
    means of justice, not a weapon of convenience. In this sense,

    .

    the ethical vigilance of lawyers is not ancillary to justice, it is

    indispensable to it. When they do not do so, the chasm alluded
    to above widens. Society also must match institutional reform

    with moral awakening. The intent and object of these legislations
    must be at the forefront when a person wishes to lodge a
    complaint thereunder. The misuse of these laws is a mirror to

    of
    the opportunistic and self-centered view that pervades the
    application of law. It is only through discipline, integrity and
    courage that these problems can be remedied and rooted out.
    rt
    Any legislative amendment or judicial direction will remain lack-
    luster without this deeper change.

    We have referred to certain instances of the High Courts noting
    the misuse/misapplication of the POCSO Act, somewhat in line
    with the indices appended to the impugned judgment as also its
    progenitors.

    Considering the fact that repeated judicial notice has been taken
    of the misuse of these laws, let a copy of this judgment be
    circulated to the Secretary, Law, Government of India, to

    consider initiation of steps as may be possible to curb this

    menace inter alia, the introduction of a Romeo – Juliet clause
    exempting genuine adolescent relationships from the stronghold
    of this law; enacting a mechanism enabling the prosecution of

    those persons who, by the use of these laws seeks to settle
    scores etc.

    12. In the afore judgment, Hon’ble Apex Court has

    categorically held that statement of the alleged victim should be

    given due consideration, but in case relationship is consensual and

    based on mutual affection, this should be factored into decisions

    regarding bail and prosecution. Most importantly, Hon’ble Apex

    Court has held that each case should be evaluated on its individual

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS

    12 2026:HHC:7850

    facts and circumstances. The nature of the relationship and the

    intentions of both parties should be carefully examined. While

    .

    stating that Courts should use their discretion wisely, Hon’ble

    Apex Court held that court should ensure that the application of

    POCSO does not inadvertently harm the very individuals it is

    meant to protect.

    of

    13. In the instant case, besides there being major

    contradictions in the statements of the victim/prosecutrix recorded
    rt
    under Sections 180 and 183 of Bhartiya Nyaya Sanhita, her

    version of having informed the school teacher is also highly

    doubtful on account of the statement made by the school teacher

    under Section 180 of Bhartiya Nyaya Sanhita. Though, teacher in

    his statement given to the police admitted that he was informed

    with regard to trouble being caused to the victim/prosecutrix by the

    prosecutrix, but he specifically denied factum with regard to his

    having informed act of sexual assault, if any, committed by the

    petitioner. He also disputed that he after having heard the

    prosecutrix had reported the matter to her parents. Otherwise also,

    as per own statement of the victim/prosecutrix recorded under

    Section 183 of Bhartiya Nyaya Sanhita, she had brought alleged

    both the incidents to her parents after occurrence of 10th October,

    2025.

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS

    13 2026:HHC:7850

    14. Hon’ble Apex Court as well as this Court have held in

    catena of cases that one is deemed to be innocent till the time his

    .

    /her guilt is not proved, in accordance with law and as such, this

    Court sees no reason to curtail the freedom of the bail petitioner for

    indefinite period during the trial, especially when his/her guilt is yet

    to be proved. It has further held by the Hon’ble Apex Court in the

    of
    aforesaid judgment that a person is believed to be innocent until

    found guilty.

    15.
    rt Hon’ble Apex Court in Criminal Appeal No. 227/2018,

    Dataram Singh vs. State of Uttar Pradesh & Anr., decided on

    6.2.2018, has categorically held that a fundamental postulate of

    criminal jurisprudence is the presumption of innocence, meaning

    thereby that a person is believed to be innocent until found guilty.

    Hon’ble Apex Court further held that while considering prayer for

    grant of bail, it is important to ascertain whether the accused was

    participating in the investigations to the satisfaction of the

    investigating officer and was not absconding or not appearing

    when required by the investigating officer. Hon’ble Apex Court

    further held that if an accused is not hiding from the investigating

    officer or is hiding due to some genuine and expressed fear of

    being victimized, it would be a factor that a judge would need to

    consider in an appropriate case. The relevant paras of the

    aforesaid judgment are reproduced as under:

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS

    14 2026:HHC:7850

    2. A fundamental postulate of criminal jurisprudence is
    the presumption of innocence, meaning thereby that a
    person is believed to be innocent until found guilty.

    However, there are instances in our criminal law where

    .

    a reverse onus has been placed on an accused with

    regard to some specific offences but that is another
    matter and does not detract from the fundamental
    postulate in respect of other offences. Yet another
    important facet of our criminal jurisprudence is that

    the grant of bail is the general rule and putting a
    person in jail or in a prison or in a correction home
    (whichever expression one may wish to use) is an
    exception. Unfortunately, some of these basic

    of
    principles appear to have been lost sight of with the
    result that more and more persons are being
    incarcerated and for longer periods. This does not do
    any good to our criminal jurisprudence or to our
    society.

    rt

    3. There is no doubt that the grant or denial of bail is
    entirely the discretion of the judge considering a case
    but even so, the exercise of judicial discretion has

    been circumscribed by a large number of decisions
    rendered by this Court and by every High Court in the
    country. Yet, occasionally there is a necessity to
    introspect whether denying bail to an accused person
    is the right thing to do on the facts and in the

    circumstances of a case.

    4. While so introspecting, among the factors that need
    to be considered is whether the accused was arrested
    during investigations when that person perhaps has
    the best opportunity to tamper with the evidence or

    influence witnesses. If the investigating officer does
    not find it necessary to arrest an accused person

    during investigations, a strong case should be made
    out for placing that person in judicial custody after a
    charge sheet is filed. Similarly, it is important to
    ascertain whether the accused was participating in the

    investigations to the satisfaction of the investigating
    officer and was not absconding or not appearing
    when required by the investigating officer. Surely, if
    an accused is not hiding from the investigating officer
    or is hiding due to some genuine and expressed fear
    of being victimised, it would be a factor that a judge
    would need to consider in an appropriate case. It is
    also necessary for the judge to consider whether the
    accused is a first-time offender or has been accused
    of other offences and if so, the nature of such offences
    and his or her general conduct. The poverty or the
    deemed indigent status of an accused is also an
    extremely important factor and even Parliament has
    taken notice of it by incorporating an Explanation
    to Section 436 of the Code of Criminal Procedure,
    1973. An equally soft approach to incarceration has

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    15 2026:HHC:7850

    been taken by Parliament by inserting Section
    436A in the Code of Criminal Procedure, 1973.

    5. To put it shortly, a humane attitude is required to be
    adopted by a judge, while dealing with an application

    .

    for remanding a suspect or an accused person to

    police custody or judicial custody. There are several
    reasons for this including maintaining the dignity of an
    accused person, howsoever poor that person might
    be, the requirements of Article 21 of the Constitution

    and the fact that there is enormous overcrowding in
    prisons, leading to social and other problems as
    noticed by this Court in In Re-Inhuman Conditions in
    1382 Prisons

    of

    16. Hon’ble Apex Court in Sanjay Chandra versus

    Central Bureau of Investigation (2012)1 Supreme Court Cases
    rt
    49 has held that gravity alone cannot be a decisive ground to deny

    bail, rather competing factors are required to be balanced by the

    court while exercising its discretion. It has been repeatedly held by

    the Hon’ble Apex Court that object of bail is to secure the

    appearance of the accused person at his trial by reasonable

    amount of bail. The object of bail is neither punitive nor

    preventative.

    17. In Manoranjana Sinh alias Gupta versus CBI, (2017)

    5 SCC 218, Hon’ble Apex Court has held that the object of the bail

    is to secure the attendance of the accused in the trial and the

    proper test to be applied in the solution of the question whether bail

    should be granted or refused is whether it is probable that the party

    will appear to take his trial. Otherwise also, normal rule is of bail

    and not jail. Apart from above, Court has to keep in mind nature of

    accusations, nature of evidence in support thereof, severity of the

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS
    16 2026:HHC:7850

    punishment, which conviction will entail, character of the accused,

    circumstances which are peculiar to the accused involved in that

    .

    crime.

    18. The Apex Court in Prasanta Kumar Sarkar versus

    Ashis Chatterjee and another (2010) 14 SCC 496, has laid down

    various principles to be kept in mind, while deciding petition for

    of
    bail viz. prima facie case, nature and gravity of accusation,

    punishment involved, apprehension of repetition of offence and
    rt
    witnesses being influenced.

    19. In view of above, bail petitioner has carved out a case

    for himself. Consequently, present petition is allowed. Petitioner is

    ordered to be enlarged on bail, subject to furnishing bail bonds in

    the sum of Rs.1,00,000/- with one local surety in the like amount

    each, to the satisfaction of the learned trial Court, besides the

    following conditions:

    (a) He 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;

    (b) He shall not tamper with the prosecution evidence nor hamper
    the investigation of the case in any manner whatsoever;

    (c) He shall not make any inducement, threat or promises to any
    person acquainted with the facts of the case so as to dissuade
    him/her from disclosing such facts to the Court or the Police
    Officer; and

    (d) He shall not leave the territory of India without the prior
    permission of the Court.

    (e) He shall surrender passport, if any, held by him.

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS

    17 2026:HHC:7850

    20. It is clarified that if the petitioner misuses the liberty or

    violates any of the conditions imposed upon him, the investigating

    .

    agency shall be free to move this Court for cancellation of the bail.

    21. Any observations made hereinabove shall not be

    construed to be a reflection on the merits of the case and shall

    remain confined to the disposal of this petition alone. The petition

    of
    stands accordingly disposed of.

    22. The petitioner is permitted to produce copy of order
    rt
    downloaded from the High Court website and the trial Court shall

    not insist for certified copy of the order, however, it may verify the

    order from the High Court website or otherwise.

    (Sandeep Sharma)
    Judge
    March 17,2026

    (shankar)

    ::: Downloaded on – 19/03/2026 20:31:02 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here