Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 585

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J.
Saransh Chauhan - Applicant
Versus
State of Himachal Pradesh & Anr. – Respondents
Cr.MP(M) No.227 of 2025
Decided On : 13-03-2025

Advocates Appeared:
For the Applicant :Applicant in person with Mr. Ajay Kochhar, Senior Advocate, assisted by Mr. Manoj Pathak, Advocate.
For the Respondent:Mr. H.S. Rawat and Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Usha, Women PS Kullu, Complainant/prosecutrix in person with Mr. Jai Ram Sharma, Advocate.

Bail applications should avoid prejudging the merits of the case, maintaining the presumption of innocence until proven guilty.

Headnote:
(A) Bharatiya Nyaya Sanhita, 2023 - Sections 69, 88, 352, 351(2) - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Application for anticipatory bail - Applicant apprehending arrest in FIR alleging sexual exploitation under false promise of marriage - Court granted bail considering conflicting statements of complainant and absence of custodial interrogation necessity. (Paras 1, 26, 28)

(B) Bail Applications - The applicant cannot be subjected to pre-trial punishment; the presumption of innocence must be maintained until proven guilty. (Paras 28, 30)

Facts of the case:
The applicant sought bail fearing arrest due to allegations of sexual exploitation made by the complainant, who claimed false promises of marriage and subsequent abuse. The complainant later recanted her marriage claim during court testimony. (Paras 5, 15, 22)

Findings of Court:
The applicant made a case for bail based on the conflicting statements of the complainant and the completion of the investigation without need for custodial interrogation. (Paras 26, 28)

Issues: The main issues were whether the applicant had the intention to exploit the complainant and the legitimacy of the marriage claims made by the complainant. (Paras 22, 24)

Ratio Decidendi: The court emphasized that the bail application should not prejudge the merits of the case and that the applicant's presumption of innocence must be upheld. (Paras 25, 28)

Result: Bail granted with conditions.

JUDGMENT :

(Virender Singh, J.)

Apprehending his arrest, in case FIR No.02/2025 dated 07.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 69, 88, 352 , 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), with Women Police Station Kullu, District Kullu, H.P., applicant-Saransh Chauhan has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Women Police Station Kullu, 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 apprehending his arrest, in the above-noted case.

4. Applicant has termed all the allegations, which have been levelled against him, as ‘false’.

5. According to the applicant, the age of the complainant is 33 years and there is no question that at any point of time, anything had happened with the complainant.

6. 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.

7. When, put to notice, the complainant has put appearance, before the Court. Thereafter, the police has filed the status report on 27.02.2025, disclosing therein, that on 07.02.2025, zero FIR, registered with Women Police Station, Kullu, under Section 69 of BNS , was produced by LC Rabna No.741, along with complaint, photocopy of the marriage affidavit and certificate under Section 63(4) of CBSA. The victim was also with her. In the complaint, the victim/complainant has alleged that she is resident of the place, as mentioned in the application and Saransh Chauhan S/o Shyam Chand (applicant), on the pretext of marriage, had developed physical relations with her for the last four years. He has also tortured her mentally and physically.

8. Not only this, according to the complainant, Saransh Chauhan (applicant) has administered certain medicines forcibly to get her foetus aborted. He has also beaten her by coming to her shop and also threatened her.

9. According to the complainant, Saransh Chauhan (applicant) had solemnized the marriage with her on 29.01.2024 at Sheetla Mata Temple, (X) (name withheld). The affidavit of the same has been annexed. Lastly, she has deposed that Saransh Chauhan (applicant) developed physical relations with her and gave her assurance that he will take her to his house, but, she was not taken there. She has also alleged that the parents of the applicant allured her to end the relation with their son, on the pretext of paying her Rs.20,00,000/-. As such, she has prayed that action be taken against the applicant.

10. On the basis of above facts, the police has registered the case, under Section 69 of the BNS .

11. On 07.02.2025, the prosecutrix was taken to Regional Hospital, Kullu, for her medico legal examination, where, the physical evidence, so collected by the doctor, was taken into police possession, along with MLC. In the MLC, doctor has opined that “according to the examination, sexual intercourse cannot be ruled out, hence, final opinion will be given after the reports (RFSL)”.

12. Thereafter, the supplementary statement of the prosecutrix was recorded, under Section 180 of BNS . On the basis of the said statement, made by the prosecutrix, Section 88 of BNS has been added, in this case.

13. In the supplementary statement, prosecutrix disclosed that on 08.02.2025, Saransh Chauhan (applicant) took her to Hotel Shishamati, Kullu, where, she was raped on the pretext of marriage.

14. On 10.02.2025, Hotel Shishamati, Kullu was visited. On the identification of the prosecutrix, spot map was prepared. Documentary evidence was also taken into possession. On the same day, she has also identified the room in the Nira

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