IMPORTANT POINT
The presumption of innocence mandates that bail should not be denied as a form of punishment before trial, and specific conditions can be imposed to ensure compliance.

JUDGMENT :

Virender Singh, Judge.

Applicant-Shoyeb Ahmed has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), seeking, his release on bail, during the pendency of trial, in case FIR No. 90 of 2024, dated 6^th June, 2024, registered with Police Station Paonta Sahib, District Sirmaur, H.P., under Sections 363 & 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’).

2. According to the applicant, he is innocent and has falsely been implicated and arrested, in the above- noted FIR, as, the child victim herself wishes to marry him and due to the discord between the families, the present case has been registered against him.

3. The applicant is stated to have been arrested, in this case, on 14^th June, 2024, and, since then, he is stated to have been lodged in Model Central Jail, Nahan.

4. As per the applicant, the investigation, in the present case, is complete and charge sheet has been filed in the Competent Court of Law.

5. The applicant has earlier moved CrMP (M) No. 2729 of 2024, before this Court, which has been dismissed as withdrawn, vide order, dated 12^th December, 2024.

6. Apart from this, Mr. Kulwant Singh Gill, 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.

7. On all these submissions, a prayer has been made to allow the bail application.

8. When put to notice, the police has filed the status report, disclosing therein, that on 6^th June, 2024, the complainant (father of the child victim) produced a complaint, before the police, disclosing therein, that for the last seven months, he is residing at place ‘X’ in Paonta Sahib.

8.1. According to the complainant, his daughter (child victim), aged about 17 years, has gone somewhere from the house, in the morning of 2^nd June, 2024 and efforts were made to trace her, but, she could not be found.

8.2. It has been mentioned in the complaint that later on, the complainant came to know about the fact that the child victim has been enticed away by applicant- Shoyeb. As such, he has requested the police to bring back the child victim.

8.3. On the basis of the above facts, the police registered the FIR, under Section 363 IPC and initial investigation was entrusted to HC Vikas Chaudhary.

8.4. As per the status report, during investigation, search was made for the child victim in the near-by places. On 14^th June, 2024, during search for the child victim and the accused (applicant), they were found at place ‘Y’, in District Panchkula and were brought to the Police Station. Thereafter, the statement of the child victim was recorded, under Section 161 CrPC, in which, she has disclosed that she wants to solemnize marriage with the applicant. The child victim disclosed her date of birth as 26^th December, 2006, according to which, she was minor. She has also refused to get herself medico-legally examined, however, her UPT Test was found to be positive.

8.5. Thereafter, in her statement, the child victim has disclosed that she is carrying the foetus of two months and the applicant had ravished her a number of times. As such, Section 376 IPC and Section 6 of POCSO Act was added, in this case.

8.6. During the course of investigation, blood sample of the child victim was obtained on FTA Card. The applicant was arrested on 14^th June, 2025. He was also medico-legally examined and the physical evidence, so collected, by the Doctors, was taken into possession.

8.7. As per the status report, on 15^th June, 2024, the child victim was produced in the Court of ACJM, Court No. 1, Paonta Sahib, where, her statement was recorded, under Section 164 CrPC. Thereafter, the spot was visited. The spot map was prepared and physical evidence, so collected, from th