Insufficient evidence to maintain detention leads to bail approval for petitioners in indecent behaviour case.

1. Cr.M.P.(M) No. 1860/2025 Vishal ...…. Petitioner Versus State of Himachal Pradesh …...Respondent

2. Cr.M.P.(M) No. 1861/2025 Pawan Kumar ...…. Petitioner Versus State of Himachal Pradesh …...Respondent

3. Cr.M.P.(M) No. 1862/2025 Pankaj Kumar ...…. Petitioner Versus State of Himachal Pradesh …...Respondent

4. Cr.M.P.(M) No. 1863/2025 Arjun Rana ...…. Petitioner Versus State of Himachal Pradesh …...Respondent Coram The Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?^{1 No} For the Petitioner(s): Mr. Arsh Chauhan, Advocate in all the petitions.

For the Respondent(s): Mr. Ajit Sharma, Deputy Advocate General in all the cases. Rakesh Kainthla, Judge All the petitions have been filed for seeking regular bail in F.I.R. No. 123 of 2025, dated 12.07.2025, registered at Police Station, Kangra, District Kangra, Himachal Pradesh, for the commission of offences punishable under Sections 75 , 115(2), 190 and 191(2) of Bhartiya Nayaya Sanhita (BNS). Since all the petitions have arisen out of the common F.I.R.; therefore, they are being taken up together for disposal.

2. It has been asserted that the petitioners are innocent and that they were falsely implicated. As per the prosecution, the petitioners quarrelled with one Raj Kumar, who objected to the indecent gestures made by some unknown person to the victim. The investigation is complete, and no recovery is to be effected from the petitioners. The petitioners would abide by the terms and conditions which the Court may impose. Hence, the present petitions.

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

3. The petitions are opposed by filing status reports asserting that the victim made a complaint to the police that some unknown person had acted indecently with her. Raj Kumar protested, and he was beaten by 5-6 unknown people. The victim made a written complaint to the police stating that she had reached Kangra bus stand on 11.07.2025 at 11:00 pm. She had gone to the toilet. Somebody followed her. He made indecent gestures to her. The victim shouted for help. The other passengers came to the spot. The person caught hold of the victim. He was intoxicated. Raj Kumar started preparing the video. 5-6 people came to the spot and gave beatings to Raj Kumar. The persons ran away. The victim took his photograph. The police registered the FIR. Raj Kumar made a statement that 5-6 people had told the unknown person to run away. They beat Raj Kumar and sped away on the Scooties. The police identified the unknown person as Vijay Kumar. Five people were called to the police station. The victim identified them. She also identified Vijay Kumar. The police arrested the petitioners and seized the scooties used for getting away from the spot. One of the accused was found to be a juvenile. The petitioners would intimidate the witnesses if released on bail. Therefore, it was prayed that the present petitions be dismissed.

4. I have heard Mr. Arsh Chauhan, learned counsel for the petitioner(s) and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

5. Mr. Arsh Chauhan, learned counsel for the petitioner(s), submitted that, as per the allegations made by the prosecution, Vijay Kumar had made indecent gestures to the victim. The petitioners came to the spot subsequently and gave beatings to Raj Kumar, who was preparing the video of the incident. The petitioners had not abetted the victim’s sexual harassment. The identification made in the police station during the course of investigation is hit by Section 181 of Bharatiya Nagarik Suraksha Sanhita ,