Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 149

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Naveen Thakur - Petitioner
Versus
State of H.P. & Anr. – Respondents
Cr. MMO No. 129 of 2025
Decided On : 28-03-2025

Advocates Appeared:
For the Petitioner:Mr. Vinod Thakur, Advocate.
For the Respondents: Mr. H.S. Rawat and Mr.Mohinder Zharaick, Addl. AGs with Mr. Rohit Sharma, Dy. A.G.

The court ruled that the police did not establish a need for custodial interrogation, allowing the applicant's bail application under specific conditions.

Headnote:
(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Bharatiya Nyaya Sanhita - Sections 137(2), 87, 64, 249, 61(2) - Protection of Children from Sexual Offences Act - Sections 6, 7, 21 - Bail application - Applicant sought bail apprehending arrest in a case involving a minor - Police stated no custodial interrogation required - Interim bail granted with conditions. (Paras 1-14)

(B) Bail - Conditions for granting bail - The court emphasized the necessity of the applicant's cooperation with the investigation and the importance of ensuring the applicant's availability for trial. (Paras 14)

Facts of the case:
The applicant sought bail in a case where his son was accused of having a relationship with a minor, leading to allegations of pregnancy and subsequent FIR. The applicant claimed innocence and was not required for custodial interrogation.

Findings of Court:
The court found that the police had not established a need for custodial interrogation and granted interim bail to the applicant.

Issues: The main issues included the necessity of custodial interrogation and the applicant's cooperation with the investigation.

Ratio Decidendi: The court ruled that the police failed to demonstrate the need for custodial interrogation, thus justifying the grant of bail.

Result: Bail application allowed.

JUDGMENT :

(Virender Singh, J.)

The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 6 of 2025, dated 19.3.2025, registered under Sections 137 (2), 87, 64, 249 and 61(2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 6, 7 and 21 of Protection of Children from Sexual Offences (hereinafter referred to as ‘the POCSO Act’), with Police Station, Moorang, District Kinnaur, H.P.

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case.

3. According to the applicant, he is not aware about the factum that the child victim and his minor son, are in love affair, with each other.

4. The contents of the FIR are stated to be result of consultation and deliberation. The applicant is stated to be not required by the Police, for custodial interrogation, as, he is innocent person.

5. The applicant has tried his luck by moving application No. 51 of 2025, before the learned Additional Sessions Judge, Fast Track Special Court, Kinnaur at Rampur Bushehar, District Shimla, H.P., however, the same was dismissed, on 27.3.2025.

6. On the basis of above facts, Mr. Vinod Kumar Suman, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.

7. On the basis of above, applicant has sought the relief, as claimed, in the present bail application.

8. When, put to notice, the Police has filed status report, disclosing therein, that on 19.3.2025 from the office of Superintendent of Police, Kinnaur, a complaint was received, through e-mail, in Police Station, Moorang, disclosing therein that the complainant, who is father of the child victim, got mentioned in the complaint that son of the applicant, i.e. the Child in Conflict with Law, (hereinafter referred to as ‘the CCL’) had enticed away his minor daughter, on 2.1.2025. Thereafter, he has kept her in his house. However, she was thrown out of the house, on 2.2.2025, upon which, the complainant took her back to his home.

8.1 It is the further case of the complainant that the child victim was found to be pregnant and the CCL is stated to have thrown her out of the house, by dis- associating himself from the foetus, which, she was carrying.

8.2 Apart from this, according to the complainant, mother of the CCL, ‘Y’ and brother ‘Z’ are also stated to be using abusive language against the child victim, as such, a prayer has been made to take action against them, upon which, the Police registered the FIR in question, and criminal machinery swung into motion.

8.3 It has been mentioned in the status report that the child victim was got medically examined at PHC, Moorang. Thereafter, the statement of the child victim was recorded, under Section 180 of BNSS. The physical evidence, so collected by the Doctor, was handed over to the Police, which was sent to the SFSL, Junga. The date of birth of the CCL was obtained from Secretary, Gram Panchayat ‘X’, and his date of birth was found to be 7.3.2008. As such, he has been declared as the ‘Child in Conflict with Law’. The CCL was arrested and his custody was handed over to his father (applicant).

8.4 On 20.3.2025, the Medical Officer, Regional Hospital, Reckong Peo medically examined the child victim. On 20.3.2025, statement of the child victim was got recorded, under Section 183 BNSS. The date of birth of the child victim was found to be 6.3.2008.

8.5 As per the status report, the parents of the CCL had moved the application for bail, before the learned Special Judge, (POCSO), Rampur, however, the same was rejected, on 26.3.2025. Thereafter, wife of the applicant was arrested, on 27.3.2025.

8.5 After perusing the said

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