Bail cannot be denied solely as a form of pre-trial punishment, especially when the presumption of innocence remains.

Virender Singh, Judge Applicant-Nitin has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 54/2025, dated 15.07.2025, under Section s 332 (B), 64(1), 351(3), 238 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the BNS ) and Section 67 of Information Technology Act (hereinafter referred to as the IT Act), registered with Police Station Jubbal, District Shimla, H.P.

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

3. As per the applicant, he has no concern, whatsoever, with the alleged offences. He has termed the FIR registered against him as wrong and without any basis. The investigation of the present case is stated to be complete and according to the applicant, nothing is to be recovered from him or at his instance.

4. The applicant has earlier tried his luck by moving the similar application before the Court of learned Additional Sessions Judge, Fast Track Special Court (RAPE/POCSO), Shimla, H.P., which was dismissed vide order dated 27.08.2025.

5. Apart from this, the applicant has given certain undertakings, for which he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

6. On the basis of above facts, Mr. Kunal Thakur, Advocate, appearing for the applicant, has prayed to allow the bail application.

7. When, put to notice, the police has filed the status report, disclosing therein, that on 15.07.2025, respondent No. 2 appeared before the police of Police Post Saraswati Nagar and moved the complaint, disclosing therein, that about eight-nine months ago, on the date of her appearance before the police, respondent No. 2- complainant developed acquaintance with Nitin, resident of Sirmaur, through Facebook (Social Media App).

7.1 Thereafter Nitin came to meet her and thereafter they developed physical relations. Subsequently, said Nitin had started blackmailing her. He had prepared obscene video and on the basis of said video, started blackmailing her. He forcibly entered her room and forcibly assaulted her. He also threatened her that he will kill her, as well as, her husband and children.

7.2 On 14.07.2025, as per the complainant, at about 11:00 pm, Nitin came to her room and started beating her and forcibly raped her. He had also torn her clothes. At that time, her husband was not in the room. Thereafter, the complainant, along with her children, came out from the room and reached at Police Post. Nitin is stated to be sleeping in her room. As such, she requested the police that action be taken against Nitin.

7.3 On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion.

7.4 The investigation of the case was entrusted to ASI Sandeep In-charge Police Post Saraswati Nagar. Since the complainant (respondent No. 2) has disclosed to the police that accused Nitin (applicant) is in her quarter at Saraswati Nagar and she had bolted the room from outside, as such, police reached at the spot and detained the accused and was brought to Police Post Saraswati Nagar.

7.5 He was inquired and later on, applicant Nitin aged about 24 years, was arrested on 15.07.2025, at 1:00 in the noon. He was medico legally examined from Civil Hospital Jubbal and the physical evidence, so collected, by the Doctor, was handed over to the police.

7.6 The prosecutrix was also medico legally examined at Civil Hospital Saraswati Nagar and the physical evidence, so collected by the Doctor, was handed over to the police.

7.7 On 16.07.2025, the applicant was produced before the Cou