Himachal Pradesh High Court
Reserved On : 16.12.2024 vs State Of Himachal Pradesh on 23 December, 2024
Author: Virender Singh
Bench: Virender Singh
1 2024:HHC:15548
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP(M) No. : 2792 of 2024
Reserved on : 16.12.2024
Decided on : 23.12.2024
Jagtar Singh …Applicant
Versus
State of Himachal Pradesh …Respondent
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Durga Singh Kainthla, Advocate.
For the respondent : Mr. H.S. Rawat and Mr. Mohinder
Zharaick, Additional Advocates
General, with Mr. Rohit Sharma,
Deputy Advocate General, assisted
by LHC Suchitra No. 957, IO,
Women Police Station, BCS Shimla.
Virender Singh, Judge.
Applicant-Jagtar Singh has filed the present
application, under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita (hereinafter referred to as ‘BNSS’)
1
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2024:HHC:15548
seeking, his release on bail, during the pendency of trial, in
case FIR No. 23 of 2023, dated 27 th December, 2023,
registered under Sections 376 and 506 of the Indian Penal
Code (hereinafter referred to as ‘IPC‘), with Women Police
Station BCS, Shimla, H.P.
2. According to the applicant, he has falsely been
implicated, in this case, by the police, at the instance of
the complainant. The applicant has been arrested in this
case and he is now in the judicial custody.
3. As per the applicant, earlier, he had filed an
application, under Section 438 of the Code of Criminal
Procedure (hereinafter referred to as ‘CrPC‘), being CrMP
(M) No. 2 of 2024, for releasing him on bail, in the event of
his arrest, however, the said application was dismissed, by
this Court, vide order, dated 1st October, 2024. Thereafter,
the applicant had approached the Hon’ble Supreme Court
by way of Special Leave to Appeal (Crl.) No. 14745 of 2024,
which was disposed by on 23rd October, 2024, with a
direction that if an application for regular bail is filed by
the applicant, the same shall be considered on its own
3 2024:HHC:15548
merits and in accordance with law, as expeditiously as
possible.
4. According to the applicant, there is no
substance, in the case of the prosecution. The
investigation is stated to be complete and according to the
applicant, no useful purpose would be served by keeping
the applicant, in judicial custody.
5. In addition to this, the applicant has also
highlighted the fact that the prosecutrix is in habit of
lodging false cases of rape, against the innocent persons.
In order to probabilize his stand, the applicant has given
the details of the cases, which have been registered, at the
instance of the prosecutrix, as under:
1. FIR No. 68 of 2015, dated 23.06.2015,
registered at Police Station Balongi, District
Mohali, Punjab, under Sections 376, 420,
120B IPC;
2. FIR No. 88 of 2017, dated 30.05.2017,
registered at Police Station Gagret, District
Una, H.P., under Section 376 IPC;
3. FIR No. 135 of 2020, registered at Police
Station Cheeka, District Kaithal, Haryana,
under Sections 376 and 506 IPC.
6. In addition to this, it has also been pleaded by
the applicant, that FIR No. 193 of 2017, dated 30.05.2017,
4 2024:HHC:15548
has been registered at Police Station Navi Baradari, Police
Commissionerate Jalandhar, under Sections 420, 383,
384, 388, 34 IPC, against the prosecutrix, on the pretext
that she was extorting money from the young boys by
blackmailing them that she will lodge false case of rape
against them.
7. On the basis of the above facts, Mr. Durga
Singh Kainthla, learned counsel appearing for the
applicant, has given certain undertakings, on behalf of the
applicant, for which, the applicant is ready to abide by, in
case, he is ordered to be released on bail, during the
pendency of the trial.
8. The applicant has tried his luck by moving
similar bail application, before the learned Additional
Sessions Judge, Fast Track Special Court (POCSO),
Shimla, however, the same has been dismissed, vide order,
dated 12th November, 2024.
9. On the basis of the above facts, a prayer has
been made to allow the bail application and release the
applicant, on bail, during the pendency of the trial.
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10. When put to notice, the police has filed the
status report, disclosing therein, that on 27 th December,
2023, the prosecutrix moved a complaint, before the police,
mentioning therein the following facts:
“Complaint with a request for lodging criminal
case FIR against accused Jagtar Singh
Sandhu (Tar) R/o Sidhwan Bet. Ludhiana,
Punjab, who have committed physical assault
and has made physical relation forcefully
under the pretext of shooting at Shimla during
stay at Hotel Holiday Inn on dated 22-12-
2023. Sir. With due regards it is to brought for
your kind information and requested for your
immediate intervention with strict legal
direction and urged therefore, as under-1. That
I am a resident of Jalandhar District (Punjab)
and is a married woman at Dharmkot. Moga
District, Punjab about 6 months back and
started living with my husband at my
matrimonial home at the address. 2. That
since I am Model by profession and use to
perform with the channels and private
productions since long back, even before my
marriage so as to earn my family after the
death of my father expired in the year 2010. 3.
That I have been contacted by the accused
through one Sh. Ravi whose mobile No. is
9814215740 for performing the scene during
shooting at Ludhiana and I have been told
some of the scene are required to be performed
at Shimla as per the requirement of the singer.
4. That accused Jagtar Sandhu and mobile No.
9863200004 taken me for the purpose from
my matrimonial home Jalandhar to the place
of shooting at Ludhiana on dated 18-12-2023
and the shutting continued till midnight in the
evening thereafter he has dropped me to my
house. 5. That on dated 22-12-2023 again he
told me that the date time and place is fixed
for the next shooting at Shimla and therefore,
my presence was required with him at Shimla
6 2024:HHC:15548for the remaining scene in the shooting and
asked me to reach at Ludhiana. 6. That I
boarded bus and reach Ludhiana where from I
had been taken by Jagtar Sandhu alongwith
Ravi and other three persons namely DC and
Raman friend of mine of Chandigarh by car up
to Shimla where two rooms booked by the
accused at Hotel Holiday Inn herein Shimla. 7.
That during night stay I have been forced to
made physical relation by the accused Jagtar
Sandhu under the pretext that he wanted to
have divorce with his wife as she is living at
abroad and wanted to get marry with me and
therefore, despite my resistance for the act, I
was made compelled to fulfill his lust for sex.
8. That since I was not feeling secure and has
suffered major stomach pain due to physical
assault by the accused and therefore, I
become unconscious and I was taken to
hospital where he threatened me not to
disclose regarding the physical relation. 9.
That since I was not in a position to explain
and therefore, I was taken to private medical
clinic at Shriram Medical centre on dated 23-
12-2023 where after some medical
administration I have been discharge by the
doctor with a advise to take complete bed rest
and the accused person left me at Chandigarh
that he will return soon. Thereafter when I
tried to contact he has switched off his mobile
and thereafter openly threatened to eliminate
me in case matter reported to police as he has
very good excess to the authorities and likely
to leave the country very soon and therefore, I
compelled to come back to lodge the complaint
as I am apprehending and is not feeling
secure, hence the present complaint. It is
therefore, requested kindly ensure my life and
property as I am stranger to the place and
there is no one to take care of me and feeling
scared on the part of accused and immediate a
criminal proceeding is required to be initiated
by lodging the cranial case FIR under the
relevant provisions of law for the commission
of offence of sexual assault without my
7 2024:HHC:15548consent and booked the accused in the books
of law.”
11. On the basis of the above facts, the police has
lodged the FIR and the criminal machinery swung into
motion. The prosecutrix was medico-legally examined.
Her statement was got recorded, under Section 161 CrPC.
Thereafter, the spot was visited by the IO and at the
instance of the prosecutrix, the spot map was prepared.
11.1. As per the status report, the applicant has
joined the investigation, in pursuance of the interim
protection granted to him, by this Court. He was also
medico-legally examined. The physical evidence, so
collected, was also sent for chemical analysis, to FSL
Junga.
11.2. During investigation, it has been found that
applicant-Jagtar Singh brought the prosecutrix to Shimla,
on the pretext of showing the location for recording the
song, on 22nd December, 2023, alongwith his friends. As
per the statement of the prosecutrix, the applicant has
raped her during the night of 22nd / 23rd December, 2023.
11.3. It is the further case of the police that on 9th
January, 2024, the prosecutrix appeared before the police
8 2024:HHC:15548
and moved a complaint, disclosing therein, that on 6 th
January, 2024, she had received a whats-app call and the
caller threatened her to make her obscene photographs
and videos viral, in case, she opposes the bail application.
In this regard, the supplementary statement of the
prosecutrix was also got recorded.
11.4. As per the status report, the investigation, in
the present case, is complete and the challan has been
submitted, in the Court of learned Special Judge (POCSO),
Shimla and the case is now stated to be fixed for
consideration on charge.
11.5. It is also the case of the police that during
investigation, it was found that the prosecutrix has lodged
cases, reproduced hereinabove, against various persons, in
different Police Stations. One case is also reported to have
been registered against the prosecutrix.
12. On the basis of the above submissions, learned
Additional Advocate General has argued that the earlier
bail application of the applicant, filed under Section 438
CrPC, before this Court and the SLP filed before the
9 2024:HHC:15548
Hon’ble Supreme Court, have been dismissed, as such, the
present bail application may also be dismissed.
13. First of all, coming to the argument of the
learned Additional Advocate General that the application
filed by the applicant for pre-arrest bail has been
dismissed, by this Court, vide order, dated 1 st October,
2024, as well as, that the SLP filed before the Hon’ble
Supreme Court, the same shall have no adverse effect,
while deciding the application for regular bail, as, the
Hon’ble Supreme Court, while disposing of the SLP, has
passed the following order:
“It is needless to observe that if an application
for seeking regular bail is filed, the same shall
be considered on its own merits and in
accordance with law and as expeditiously as
possible.”
14. Undisputedly, the prosecutrix had lodged three
such cases, in different Police Stations, against various
persons, out of which, the accused, in one of the cases has
been acquitted. It is also not in dispute that a case has
also been admitted to be registered against the prosecutrix,
under Sections 420, 383, 384, 388, 34 IPC, with Police
Station Navi Baradari, Police Commissionerate Jalandhar.
10 2024:HHC:15548
However, this Court would refrain from commenting upon
this aspect of the matter, as, at the time of deciding the
bail application, the Court should refrain from discussing
the case of the prosecution in detail, as, the same would
cause prejudice to the case of the prosecution or the
accused (applicant).
15. The investigation, in the present case, is
complete and the charge-sheet has been filed in the
Competent Court of Law. Since, the charge-sheet has been
filed, meaning thereby, the applicant is no more required
by the police for his custodial interrogation.
16. The role allegedly played by the applicant, in the
commission the alleged crime, will be proved during the
trial and the chances of conclusion of the trial, against the
applicant, in near future, are not so bright.
17. Moreover, no useful purpose would be served by
keeping the applicant in judicial custody, that too, for
indefinite period, as, a person cannot be kept in judicial
custody just to punish him, since, pre-trial punishment is
prohibited under the law.
11 2024:HHC:15548
18. Except the present case, no other case is
reported to have been registered against the applicant, nor,
it has been argued by the learned Additional Advocate
General, as such, presumption of innocence is still
available to the applicant.
19. Considering all these facts, this Court is of the
view that the bail application is liable to be allowed and is
accordingly allowed.
20. Consequently, the applicant is ordered to be
released on bail in case FIR No. 23 of 2023, dated 27 th
December, 2023, registered under Sections 376 and 506
IPC, with Women Police Station BCS, Shimla, H.P., on his
furnishing bail bonds, in the sum of ₹ 50,000/-, with two
sureties of the like amount, to the satisfaction of the
learned trial Court. This order, however, shall be subject
to the following conditions:
a) The applicant shall make himself available for
the purpose of interrogation, if so required and
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
appropriate application;
b) The applicant shall not tamper with the
prosecution evidence nor hamper the investigation
of the case in any manner whatsoever;
12 2024:HHC:15548
c) The applicant shall not make any inducement,
threat or promises to any person acquainted with
the facts of the case so as to dissuade 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.
21. 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.
22. It is made clear that the respondent-State is at
liberty to move an appropriate application, in case, any of
the bail conditions, is found to be violated by the applicant.
23. The Registry is directed to forward a soft copy of
the bail order to the Superintendent of Jail, District Jail,
Kaithu, through e-mail, with a direction to enter the date of
grant of bail in the e-prison software.
24. 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, Kaithu, is directed to
inform this fact to the Secretary, DLSA Shimla. The
Superintendent of Jail, District Jail, Kaithu, is further
directed that if the applicant fails to furnish the bail bonds,
13 2024:HHC:15548
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
December 23, 2024
( rajni )
Digitally signed by RAJNI
Date: 2024.12.23 11:00:23 IST
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