The petitioner has filed the present petition for seeking pre-arrest bail in F.I.R. No. 02 of 2026 dated 16.01.2026, registered for the commission of an offence punishable under Section 64 of Bhartiya Nyaya Sanhita (BNS) 2023 at Women Police Station Solan, District Solan, H.P.

It has been asserted that the petitioner is a permanent resident of District Sirmour, H.P. He belongs to a respectable and law-abiding family. He has deep social roots, a fixed place of residence, and no criminal antecedents. As per the victim’s own version, she had voluntarily accompanied her friend and others on the night of 10.01 2026 and stayed in the premises with multiple persons. She had consumed alcohol and remained conscious enough to attend a video call till about 4:30 a.m. The petitioner lay on the same bed, and the victim did not raise any alarm. The incident of sexual assault is stated to have taken place only around 5:00–5:30 a.m. The victim continued with her normal activities till 7:30 a.m. No complaint was made on the spot. No alarm was raised, and no report was lodged. The F.I.R was subsequently lodged on 16.01.2026 after due deliberation. No recovery is to be effected from the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. The petitioner had applied for bail before the learned Sessions Court, but his petition was dismissed without recording any finding about his custodial interrogation. The petitioner would abide by the terms and conditions that the Court may impose. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

The petition is opposed by filing a status report asserting that the victim’s friend called her on 10.01.2026 for a night out. The victim initially ignored the calls. However, her friend told her at about 10:00 p.m. that she was coming to pick her (the victim) up. The victim enquired about the presence of the persons on the night out, and her friend revealed that petitioner Paras Sharma would also be present. The victim told her friend that she was uncomfortable with the petitioner because she had previously blocked him due to his inappropriate behaviour. Her friend assured her that everything would be fine and that she would stay with the victim. The victim went to Zero Point near Oachghat. She consumed alcohol due to peer pressure. Everybody went into the different room, and the victim was on a video call till 4:30 am. The petitioner came and lay on the other side of the bed. The victim fell asleep. The petitioner started touching the victim inappropriately. She told him to stop and resisted. The petitioner held the victim's hand and raped her. The victim pushed him away and messaged her friend to drop her off at her home. She reported the matter to the police. The police registered the F.I.R and investigated the matter. A team from SFSL Junga also visited the spot. The petitioner joined the investigation as per the order passed by the learned Sessions Judge, and he was medically examined. No other F.I.R has been registered against the petitioner. The charge-sheet has been filed before the Court on 11.03.2026, and the matter is listed for service on 25.07.2026. The samples were sent to the SFSL, Junga, and as per the report of the SFSL, semen was not detected on the victim’s samples. The petitioner’s DNA was detected in the samples collected from him. As per the report of the medical Officer, the possibility of sexual assault could not be ruled out, and the petitioner is capable of performing sexual intercourse. Hence, the status report.

I have heard M/s Sunil Dutt Gautam and Harmohan Thakur, learned counsel for the petitioner, Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State and Ms Aanchal Singh, learned Legal Aid Counsel, for the victim.

Mr Sunil Dutt Gautam, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The prosecuti