The court emphasized that pre-trial detention is prohibited as punishment, allowing bail based on the slow pace of the trial and change in circumstances while ensuring societal protection through stringent conditions.

JUDGMENT :

Virender Singh, J.

1. Applicant-Vikram Singh has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.93 of 2023, dated 09.06.2023, registered under Section 376 of the INDIAN PENAL CODE (hereinafter referred to as the ‘IPC’) and Sections 6 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’), with Police Station Theog, District Shimla, H.P.

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

3. As per the applicant, investigation, in the present case, is complete and conclusion of trial of the case will take sufficient long time, as such, no useful purpose would be served, by keeping him, in the judicial custody, for indefinite period.

4. According to the applicant, he is having deep roots in the society and he has termed the case of the prosecution as false.

5. The bail application has been filed, on the basis of the change in circumstances.

6. In order to buttress her contention, learned counsel, appearing for the applicant, has pointed out that the earlier bail application of the applicant was dismissed, by this Court, vide order dated 16.11.2023 and thereafter, almost one year has elapsed.

7. In addition to this, it has been argued that out of 28 prosecution witnesses, only 10 prosecution witnesses have been examined and as such, the chances of conclusion of trial against the applicant, in near future, are not so bright.

8. Apart from this, Ms. Rameshwari Sharma, learned counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

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

10. When, put to notice, the police has filed the status report disclosing therein, that on 09.06.2023, FIR No.235/2023, dated 12.4.2023, registered under Section 376 IPC and Sections 4 , 8 and 12 of the POCSO Act, with Police Station Goregaon Mumbai was received at Police Station Theog.

10.1. As per the FIR, registered with Police Station Goregaon, Mumbai, it has been mentioned that the child victim has moved a complaint for registration of FIR disclosing therein that she is about 15 years of age and permanent resident of the address, as mentioned in the application. Her father is serving in Air India.

10.2. After passing +1 examination, the child victim along with her family members has come to Himachal Pradesh. The entire family remained in Himachal Pradesh from 08.04.2023 to 15.04.2023. On 08.04.2023, the entire family reached at Chandigarh, at about 07.30 p.m., through Indigo flight.

10.3. On that day, they stayed at Chandigarh. On the next day, on 09.04.2023, at about 07.00 a.m., they got booked a Swift Dzire No.HR45-D-6069, through Asia Tours Holidays. From 09.04.2023 to 11.04.2023, they stayed at Manali and on 12.04.2023, they come to Gallu Hills, Kufri and stayed at Twin Tower Hotel at NH-05. On 13.04.2023, entire family visited Shimla.

10.4. On that day, at about 07.30 p.m., they had gone to Hotel Twin Tower for stay. When, the child victim was alighting down from the vehicle, then, the driver Aman @ Vikram Singh has requested the child victim to note down the mobile number, written on