Himachal Pradesh High Court
Reserved On : 30.12.2025 vs State Of Himachal Pradesh & Anr on 1 January, 2026
Author: Virender Singh
Bench: Virender Singh
2026:HHC:1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. MP(M) No. 2994 of 2025
Reserved on : 30.12.2025
Decided on : 01.01.2026
Mohit Kumar ...Applicant
Versus
State of Himachal Pradesh & Anr. ...Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?
For the applicant : Mr. Praveen Chauhan, Advocate.
For the respondents : Mr. Mohinder Zharaick, Additional
Advocate General, with Ms. Avni
Kochhar Mehta, Deputy Advocate
General, assisted by Shaminder
Singh, Police Station Khairi, for
respondent No. 1State.
Respondent No. 2 with Mr. Ishan
Sharma, Advocate (through Video
Conferencing).
Virender Singh, Judge
ApplicantMohit Kumar has filed the present application under Section 483 of the Bharatiya Nagarik 2 2026:HHC:1 Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 29/2025, dated 28.09.2025, registered under Section 64 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the BNS) and Section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act), with Police Station Khairi, District Chamba, H.P.
2. According to the applicant, he is innocent person and falsely been implicated, in the present case, at the instance of the complainant.
3. The applicant has further pleaded that when respondent No. 2 (victim) was produced before the Judicial Magistrate for recording her statement under Section 183 of BNSS, she had stated that she has solemnized marriage with applicant, out of her own wish.
4. According to the applicant, marriage between him and the victim has been solemnized on 11.08.2025, and they are residing together.
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5. It is the further case of the applicant that the Doctor made the complaint, when, on 27.09.2025, he has examined the victim and she was found pregnant.
6. It is his further case that the date of birth of the victim is 05.07.2007, and as such she has attained the age of majority on 05.07.2025, whereas marriage was solemnized on 11.08.2025.
7. The applicant has earlier tried his luck by moving the similar application before the Court of learned Special Judge, Chamba, H.P., however, his application has been dismissed on 15.12.2025.
8. On the basis of above facts, Mr. Praveen Chauhan, learned Counsel appearing for 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.
9. When, put to notice, respondent No. 2 with her Counsel put appearance through video conferencing and stated that she does not want to file any objection in the case. However, respondent No. 1State has filed status 4 2026:HHC:1 report, disclosing therein that on 28.09.2025, Dr. Arun Kumar, Medical Officer, Incharge PHC Brangal, Post Office Bhalie, Tehsil Salooni, District Chamba, H.P., has submitted the complaint disclosing therein the following facts: "Reporting of Underage Pregnancy under POCSO Act Immediate Attention required.
I am writing to formally report a case of underage pregnancy detected during the Antenatal check up conducted under the Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA) At PHC Brangal on 27.09.2025. Antenatal give history of LMP 27.05.2025 with POG (Period of Gestation) of 17 week 5 days i.e. 4 month 12 days. According to Aadhar Card Antenatal D.O.B. 05.07.2007, which suggest that Antenatal is underage when become pregnant. This constitutes a case under the POCSO Act 2012 where sexual activity with a minor is treated as statutory rape/regardless of consent or marital status. In compliance of the POCSO Act this report is being submitted to initiate legal proceeding and ensure the protection and the welfare of the child through the appropriate channels. Request for action:
1. Immediate registration of a case under the relevant sections of IPC and POCSO Act.
2. Confidential and sensitive handing of the investigation.
3. Coordination with the Child Welfare Committee (CWC), District Child Protection Unit (DCPU) and Health authorities for further support. This girl is being provided necessary medical support at out facility. I request your urgent attention to this matter and assure full cooperation from our end. 9.1 On the basis of above facts, FIR in question has been registered. Thereafter, investigation was handed over 5 2026:HHC:1 to ASI Shaminder Singh, Incharge Police Post Chohra, Police Station Khairi. The statement of the child victim was got recorded under Section 180 of BNSS, in which she has expressed her intention to give statement before the Judicial Magistrate. Thereafter, victim was produced before the Medical Officer, Health Center Dhalousie, where she has refused to undergo medico legal examination. Again efforts were made for conducting the medico legal examination, but she has again refused, to do so.
9.2 On 29.09.2025, victim was produced before the Court of learned Judicial Magistrate First Class, Dhalousie, where her statement under Section 183 of BNSS was recorded.
9.3 Thereafter, from Sigma Diagnostic opposite Zero Point Chamba, ultrasound report of the victim was obtained, as per the report, she was found pregnant. As per the report of ultrasonography, her last menstrual period was on 27.05.2025, and as per complainant Dr. Arun Kumar, the age of the fetus was found to be four months and 12 days. 9.4 During the investigation, the statements of the 6 2026:HHC:1 parents of victim were recorded. Marriage certificate of the victim was obtained, from Secretary Gram Panchayat X. As per the certificate, victim was married to applicant on 11.08.2025. The spot was visited on 01.10.2025 and spot map was prepared.
9.5 Accused (applicant) was arrested on 01.10.2025. Applicant was also medico legally examined. As per the documentary evidence, collected by the investigating officer, date of birth of victim was found to be 05.07.2007. 9.6 After the completion of the investigation, charge sheet has been filed before the Court and case is now listed for checking of copies on 05.01.2026.
10. Investigation, in the present case, is almost complete. However, according to the police, DNA profiling is yet to be done. However, considering the stand of the police that the date of birth of child victim is 05.07.2007 and as per the marriage certificate, the marriage had taken place on 11.08.2025, the material question with regard to the alleged ravishment by the applicant would be proved on the basis of medical evidence, which would be proved during the trial.
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11. Moreover, when the marriage had taken place, the child victim was more than 18 years.
12. The applicant is permanent resident of District Chamba, and as such, it cannot be apprehended that during the pendency of the trial, he will not be available for the trial. Moreover, at the time of deciding the application, this Court should not dwell into the question to determine the guilt/innocence of the accused, as the said prerogative is of the learned trial Court.
13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
14. Consequently, the applicant is ordered to be released, on bail, during the pendency of trial, arising out of FIR No. 29/2025, dated 28.09.2025, under Section 64 of BNS and Section 6 of POCSO Act, registered with Police Station Khairi, District Chamba, H.P. on his furnishing personal bonds in the sum of Rs. 50,000/, with one surety of the like amount, to the satisfaction of the learned trial Court.
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15. This order, however, shall be subject to the following conditions:
a) The applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;
b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissearchsuade them from disclosing such facts to the Court or the Police Officer; and
d) The applicant shall not leave the territory of India without the prior permission of the Court.
16. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application.
17. It is made clear that respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant.
18. The Registry is directed to forward a soft copy of 9 2026:HHC:1 the bail order to the Superintendent of Jail, District Jail Chamba, H.P., through email, with a direction to enter the date of grant of bail in the eprison software.
25. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Chamba, H.P., is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of Jail, District Jail Chamba, H.P., is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
(Virender Singh)
Judge
1st January, 2026
(Pramod Kumar)
Digitally signed by
PRADEEP
PRADEEP Date: 2026.01.01
12:20:46 +0530