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2026 Supreme(HP) 1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
XYZ – Appellant
Versus
State of H.P. – Respondent


Advocates Appeared:
For the Applicant :Applicant in person with Mr.Virender Thakur, Advocate
For the Respondent:Mr. Rohit Sharma, Dy. A.G., Mr. Vivek Sharma, Advocate

Judgment :

Virender Singh, J.

The prosecutrix ‘X’ has filed the present application, under Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), with a prayer to cancel the bail granted to respondent No. 2, by this Court, vide order dated 20.5.2025, in Cr.M.P.(M) No.593 of 2025.

2. It is the case of the prosecutrix that she had lodged the complaint against respondent No. 2, that she was sexually exploited and raped by respondent No. 2, upon which FIR No. 7 of 2025, dated 16.3.2025 was registered against respondent No. 2, under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’) with Police Station, Solan, H.P.

3. Thereafter, respondent No. 2 had approached this Court by way of Cr. M.P.(M) No. 593 of 2025, which was allowed by this Court, on 20.5.2025, by passing the following order. Paras 29 and 30 of the order are reproduced as under:

“29. In view of discussions, made hereinabove, this Court is of the view that the applicant is entitled for the relief, as claimed in the application. Consequently, interim order, dated 20.03.2025, is made absolute and the applicant is ordered to be released on bai

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