The court emphasized that pre-trial punishment is prohibited, and interim bail was granted with conditions to ensure compliance and safety of the complainant.

JUDGMENT :

Virender Singh, J.

1. Applicant Devender Singh, by surrendering himself to the custody of the Court, on 10.4.2025, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) for releasing him on bail, in case FIR No.25 of 2025, dated 02.04.2025, registered, under Sections 75, 126(2), 351 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), Section 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act) and Section 3(1),(i)(ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC ST Act) with Police Station Renukaji, District Sirmaur, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, he has nothing to do with the allegations, which have been levelled in the FIR, in question.

3. The applicant has further pleaded that the FIR, which has been lodged against him, is based upon the false facts.

4. On the basis of the above facts, the applicant has given certain undertakings, for which, he is ready to abide by, in case, any direction, under Section 482 of the BNSS is issued by this Court.

5. According to the applicant, he is permanent resident of the address, as mentioned in the application, as such, he is having deep roots in the society.

6. As per the applicant, FIR No.14/2025, dated 19.02.2025, registered, under Section 75, 76, 351(2) of the BNS, Section 12 of the POCSO Act and Section 3(1) of SC ST Act, with Police Station, Renukaji, District Sirmaur, was also lodged by the father of the complainant, against the applicant, in which, bail has been ordered by this Court.

7. On the basis of the above facts, a prayer has been made to allow the application.

8. When put to notice, the police has filed the status report, disclosing therein, that the child victim appeared before the Police, along with her parents, and submitted a complaint, mentioning therein, that on 13^th March, she had gone to appear in the examination in the School.

8.1. After appearing in the examination, when she was on her way to home, then, near Biari Nala, ahead 3-4 curves from Ekant Guest House, Devender Thakur (applicant) met her and caught hold of the child victim from her arm and insisted her to sit on his bike. When, the child victim refused to sit on the bike, then, she uttered that her sister could not cause any harm to him and now he will see her. He has further uttered that no one can cause harm to him.

8.2. It is her further case that for the last six months, the applicant is doing similar activities and insists her to meet him all alone.

8.3. In addition to this, applicant allegedly threatened her not to disclose this fact to anyone, otherwise, he will not spare anyone. On the basis of the above facts, she has apprehended that some untoward incident may not happen with her.

8.4. It has also been mentioned, in the status report, that initially the FIR was registered under Sections 75, 126(2), 351(2) of the BNS and Section 12 of the POCSO Act.

8.5. The child victim was produced before the Medical Officer at Civil Hospital, Dadahu, from where, her medico-legal certificate was obtained.

8.6. The child victim, thereafter, got recorded her statement, under Section 180 of the BNSS, wherein, she has mentioned that she is student of Government Girls High School, ‘X’ and on 13.3.2025, after appearing in the examination, she was on the way to her home and reached at Bairi, where Devender Thakur (applicant) met her, who was on her bike. He caught hold of her arm and insisted her to sit on the bike.

8.7. Reiterating her earlier stand, she has alleged that the girls belonging to Scheduled Caste, are meant for this purpose only. On the basis of the above facts, the police added Section 3(i)(w)(i)(ii) of the SC/ST Act and thereafter, the child victim was produced before the Court of learned Judicial Magistrate Fir