Bail cannot be denied as a form of punishment; the necessity of custodial interrogation must be established for denial.

JUDGMENT :

(Virender Singh, J.)

Apprehending his arrest, in case FIR No.18/2025 dated 11.03.2025 (hereinafter referred to as the ‘FIR in question’), registered under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Janjehli, District Mandi, H.P., applicant-Gagan Kumar has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Janjehli, District Mandi, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

3. The said relief has been sought on the ground that he is innocent person and has falsely been implicated, in this case. He has termed the entire allegations, levelled against him, as false and concocted one.

4. According to the applicant, he is from a respectable family, having deep roots in the society. In addition to this, he has pleaded that he is having no criminal antecedents.

5. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case.

6. Vide order dated 18.03.2025, State was directed to file the status report and consequently, status report has been filed.

7. As per the status report, which has been filed on 18.03.2025, on 11.03.2025, ASI Bharat Chandel, along with other police officials, left the Police Station, in order to verify the factual position, as mentioned in Rapat No.19 and Rapat No.21. On the spot, Tikma Devi, Asha Worker got recorded her statement, under Section 173 of BNSS, disclosing therein that on 10.03.2025, one Sunita, whose parental house in Village ‘X’, requested her on phone to prepare Mother and Child Card (Jacha Bacha Card) for her sister-in-law, who is eight-month pregnant.

7.1. Thereafter, the Aadhaar Card of the said pregnant lady was forwarded to the complainant through WhatsApp. On checking, it has been found that the date of birth of the said lady is 25.08.2007 and her age was found to be 17 years and 7 months, upon which, the complainant informed CHO Gyanita, FHW Ghomti Sharma and Dr. Dhriti Gupta and as per their directions, complaint was made on Helpline No.1098.

7.2. On the basis of above facts, police registered the case, under Sections 64(2)(m) of BNS and Section 4 of the POCSO Act. The photocopy of the Aadhaar Card of the child victim was obtained, according to which, her date of birth was found to be 25.08.2007. The statement of the child victim, under Section 180 of BNSS, was recorded, in which, she has got recorded that she has voluntarily made physical relations with Gagan Kumar (applicant), in the year 2024 and when, she felt pain in her stomach, then, she, with the help of the pregnancy kit, has tested and it was found that she was pregnant.

7.3. Thereafter, child victim disclosed the said fact to Jamuna on 10.03.2025, who has informed complainant- Tikma Devi and Tikma Devi, on the basis of Aadhaar Card of the child victim, lodged the complaint. Subsequently, the medico legal examination of the child victim was got conducted from Civil Hospital, Janjheli. Spot was visited and spot map was prepared. The custody of the child victim was handed over to Jamuna with the consent of her father. Father of the child victim produced the copy of the Parivaar Register, which was taken into possession.

7.4. It is the case of the police that thereafter, the child victim was produced before the Court of learned Judicial Magistrate First Class, Thunag, where, her statement, under Section 183 of BNSS, was recorded.

7.5. On 12.03.2025, the statement of the witness, under Section 180 of BNSS, was recorded, in which, she has got recorded th