IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 798 of 2025 Reserved on : 5 ^th June, 2025 Decided on : 24 ^th June, 2025 Sahil Sharma …Applicant Versus f State of Himachal Pradesh & Another …Respondents Coram t The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?¹ Yes For the applicant : Applicant in person with Mr. Ashok Sharma, Senior Advocate, assisted by Ms. Anubhuti Sharma, Advocate.

For thhe respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Nikhil Kumar, Women Police Station, Chamba, District Chamba.

Respondent No.2, in person with Ms. Kritika Sharma & Mr. Gaurav Kumar, Advocates.

Virender Singh, Judge Applicant Sahil Sharma, apprehending his arrest, in case FIR No.14 of 2025, dated 05.04.2025, registered, under Section 376 of the Indian Penal Code

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

(hereinafter referred to as ‘the IPC’), and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’), has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinfafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Women Police Statiotn Chamba, District Chamba, H.P., to release him on bail, in the event of his arrest.

2. The relief, as claimed in the application, has been sought on the ground that the entire case against the applicant is false and fabricated.

3. h It is the further case of the applicant that the cgomplainant had developed intimacy with the applicant in ithe year 2023, when, he had gone to Chamba, in connection with health issues of his father.

4. According to the applicant, he is ordinarily resident of Mumbai and working in a private Company at Mumbai.

5. It is the case of the applicant that the complainant met him, for the first time, in the year 2023 and she had disclosed her age as 22 years.

6. It is the specific case of the applicant that the so called incident of December, 2021, has been concocted with an ulterior motive to bring the case within the ambit of POCSO Act.

7. The applicant has given cerftain undertakings, for which, he is ready to abide by, in case, any direction is issued under Section 482 BNStS to the I.O.,/Police.

8. On the basis of the above facts, a prayer has been made to allow the application as prayed for.

9. When put to notice, the police has filed the status report, disclosing therein, that on 05.04.2025, the comphlainant, aged about 20 years, appeared before the pgolice of Women Police Station, Chamba, disclosing itherein, that she is resident of village ‘X’. According to her, she had developed relationship with applicant Sahil Sharma.

9.1. Said Sahil Sharma, according to the complainant, on the pretext of marrying her, had developed physical relations with her. The relations were firstly made in the month of December, 2021, in ‘Y’ Hotel, which is situated near bus stand ‘Z’.

9.2. According to the complainant, her age at that time was 17 years, as she has mentioned her date of birth in the complaint as 7.7.2005.

9.3. It is the further case of the police that according to the complainant, thereafter, they ufsed to meet each other oftenly and in the month of March 2024, they again met in the same Hotel, wthere the victim had again discussed with the applicant about their marriage. Again, on the pretext of marriage, the applicant had developed physical relations with her.

9.4. As per the status report, on 21.03.2025, applichant Sahil Sharma and the victim met at Hotel ‘A’ at Chandigarh. They stayed there from 21^st March 2025 to

27^th March, 2025, for seven days, where applicant made physical relations with her.

9.5. At Chandigarh also, Sahil Sharma, had assured the complainant to marry her. From 2023, applicant is stated to have assured her to solemnize marriage. From the month of August, 2023, the applicant and complainant w