The presumption of innocence prohibits pre-trial punishment, and bail may be granted with conditions to ensure cooperation with the investigation.

JUDGMENT :

Virender Singh, J.

The applicant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 13 of 2025, dated 25.3.2025, registered under Sections 74, 115 (2), 351 (2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections 8 and 21 of Prevention of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’) and Section 3(1)(U) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Nahan, District Sirmour, H.P., by surrendering herself to the custody of the Court.

2. According to the applicant, she is innocent person and has falsely been implicated, in the present case.

3. As per the applicant, she is permanent resident of the address mentioned in the application, and is having deep roots in the society.

4. The applicant has given certain undertakings, through her counsel, for which, she is ready to abide by, in case, relief is granted to her.

6. When, put to notice, the Police filed status report, disclosing therein that on 25.3.2025, complainant alongwith child victim and member of CWC appeared before the Women Police Station and made a statement, under Section 173 of BNSS and disclosed that she is resident of the address mentioned in the complaint and has four daughters. None of her daughters are married. The child victim is stated to be the youngest one, studying in 9^th standard. She is stated to be working in MMU at place ‘X’. Her husband is stated to be working in Sarahan with Haryana Wireless.

6.1 The complainant has further stated in the complaint that the child victim told her that on 9.3.2025, when she, alongwith her class-mate, were sitting outside the school, then, her teacher slapped her and asked as to what was she doing with the boy, upon which, the complainant thought that there might be the mistake of the child victim, and she might have been rightly slapped by the applicant. The complainant also scolded the child victim by saying that no such complaint should come in future. Thereafter, sister-in-law of the complainant inquired about the whereabouts of the child victim, upon which, the complainant disclosed to her that the child victim had gone out with her permission.

6.2 On 18.3.2025, the husband of the complainant received a phone call from the school of the child victim, with a request to come to the school, on 19.3.2025. On 19.3.2025, it was apprised to the parent of the child victim by the Principal of the school that the child victim was found in objectionable condition and asked them to get his daughter admitted in some other school. Thereafter, the transfer certificate of the child victim was issued by the Principal of the school.

6.3 It has been mentioned in the status report that when the daughters of the complainant inquired from the Principal as to why their sister has been rusticated from the school, then, she apprised them that she was having videos and photographs of the child victim, but she had deleted them after seeing the same. Thereafter, the daughters of the complainant apprised this fact to the complainant.

6.4 The complainant inquired from the applicant as to why the child victim was slapped, upon which, she started talking in rough language and taunted her that the complainant is unable to take care of their children.

6.5 In addition to this, it has further been mentioned in the status report that the applicant has made caste based aspersions. The applicant is stated to have threatened the child victim not to come in her way, otherwise she will break her legs.

6.6 On the basis of above facts, a prayer has been made to take action against the applicant, upon which, the Police registered the FIR in question.

6.7 The child victim and the complainant were produced before the learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P., where their statements were got recorded.

6.8 It is the furt