The court allows bail due to completed investigation, applicant's age, and potential harm from continued custody, emphasizing the balance between rights of the accused and the victim.

Virender Singh, Judge Applicant Anshul Kashyap has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘the B.N.S.S.’) seeking his release on bail, during the pendency of trial, arising out of case FIR No. 57 of 2024, dated 7.12.2024, under Section 6 5 of Bhartiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), and Section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act”) registered with Police Station Jubbal, District Shimla, HP.

2. According to the applicant, he has falsely been implicated in the present case, as he is an innocent person and has nothing to do with the case.

3. The applicant has further pleaded that the investigation in the present case is complete and the Police has filed charge sheet, under Section 193 of BNSS , before the competent Court of law and the Court has taken cognizance and charges have been framed and the child victim has been examined.

4. All these facts have been pleaded to demonstrate that the applicant is no longer required by the Police, in this case and no useful purpose would be served by keeping him in judicial custody.

5. The applicant has tried his luck by moving similar bail applications before the learned Addl. Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, H.P., which were dismissed as withdrawn, on 24.2.2025 and 1.4.2025.

6. Another ground, upon which, bail has been sought, is that the Police could not collect any evidence to demonstrate the specific record, to prove the age of the child victim.

7. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

9. On all these submissions, Mr. Aashish Kumar, Advocate has prayed that the bail application may kindly be allowed.

10. When, put to notice, Police has filed the status report, disclosing therein that on 7.12.2024 at about 5:20 p.m., father of the child victim appeared before the Police at Police Post, Saraswatinagar and informed that his minor daughter (child victim) is pregnant and due to pain in her stomach, he took her to hospital at place ‘X’, upon which, Incharge of P.P. Saraswatinagar, reached at Civil Hospital at place ‘X’, where the child victim was found admitted. Her parents were also present there.

10.1 After obtaining permission of the Medical Officer, statement of the father of the child victim was got recorded, wherein, he has disclosed that he is originally from Nepal, but from his childhood, he is residing in Himachal Pradesh. He has stated that he has studied upto 3^rd standard and driver by profession. At present, he, alongwith his family members consisting of his wife, three daughters and one son, is stated to be residing in a rented accommodation, for the last eight years.

10.2 The child victim, who has been referred in the complaint as ‘ABC’, born on 15.2.2009, is stated to be studying in

10+1 class.

10.3 On 7.12.2024, in the evening, when the complainant reached back, then he noticed that the child victim was complaining of pain in her stomach. His wife has disclosed to him that the child victim has apprised her that their neighbour Anshul (applicant) has been making physical relations with her for the last one year and in the month of July, 2024, also, he has made physical relations with her, due to which, she is carrying 5-6 months pregnancy.

10.4 Thereafter, the child victim is stated to have been taken to Civil Hospital ‘X’. As such, a prayer has been made to take action, upon which, Police registered a case under Section 376 IPC and Sections 4 and 6 of the POCSO Act. Criminal machinery swung into motion.

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