Anu Sharma Vs State of Hp

2025:HHC:31976

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. : 2291 of 2025 Decided on : 16.09.2025 Anu Sharma …Applicant Versus State of Himachal Pradesh …Respondent

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Coram

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The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹

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For the applicant :	Mr. Vinod Chauhan, Advocate.
For the respondent :	Mr. Mohinder Zharaick,
	Additional Advocate General.

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Virender Singh, Judge (Oral)

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Applicant – Anu Sharma, apprehending his arrest, in case FIR No.21 of 2025, dated 12.08.2025, registered, under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with

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Women Police Station, Nahan, District Sirmaur, H.P. , has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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2025:HHC:31976

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By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Women Police Station Nahan, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in the above noted case.

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The relief, as claimed, in the application has been sought on the ground that the applicant has falsely been implicated, in this case, by the Police, as, he has nothing to do with the offence, for which, he has been named, as accused.

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According to the applicant, the FIR has been lodged against him purely on false grounds and without there being any evidence against him. The FIR is stated to have been registered after due deliberation.

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The applicant has asserted that he is innocent person and enjoying good reputation in the society.

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The delay in lodging the FIR has also been highlighted, as, according the the applicant, the allegations in the FIR are of 2024, whereas, the FIR has been lodged in the year 2025.

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The applicant has earlier tried his luck by moving application before the Court of learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Sirmaur District at Nahan, however, his application was dismissed on 8.9.2025.

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Apart from this, 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, any direction is issued to the I.O./Police, under Section 482 BNSS.

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On the basis of the above facts, a prayer has been made to allow the application.

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When put to notice, the police has filed the status report, disclosing therein, that on 12.08.2025, the prosecutrix, aged about 22 years, along with her mother and sister, appeared before the Police of Police Station, Nahan and submitted a complaint, mentioning therein, that for the last few years, she is suffering from heart ailment and due to this fact, she is feeling difficulty even in walking.

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10.1. According to the prosecutrix, due to the

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ailment, she is residing with her elder sister (wife of the applicant), since March 2024. In the month of July, she was raped, when her sister had gone out of town and again, she was raped when her sister had gone to her sisterinlaw’s house ( Nanad) and at that time, her brother inlaw came back and raped her. Lastly, on 9.5.2025, when her sister had gone to attend a marriage, on that day, her brotherinlaw (applicant) had raped her.

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10.2. Thereafter, on 11.05.2025, the prosecutrix came back to her parents’ home, as such, she has prayed that action be taken against the applicant.

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On the basis of the above facts, the police registered the case and criminal machinery swung into motion.

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After registration of the FIR, on 12.08.2025, the prosecutrix was medicolegally examined. On 13.08.2025, she was produced before the Court of learnd Judicial Magistrate First Class, Nahan, where, her statement under Section 183 BNSS was recorded, in which, she has levelled the allegations of forcible intercourse against her brother

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inlaw (jeeja). Thereafter, spot was visited and spot map was prepared.

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During investigation, it was found that the prosecutrix was raped by the applicant, in the month of July 2024, January 2025 and lastly, on 09.05.2025, without her consent.

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The prosecutrix was suffering from heart ailment and was unable to walk. She was undergoing treatment from Government Hospital, Nahan. Since, house of the prosecutrix was situated at a considerable distance, where, one can only reach on foot, as such, due to the said reason, she was forced to live with her elder sister, in her inlaws house, as her house is adjacent to the road.

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On 18.08.2025, when the prosecutrix had come to take medicine to hospital, she suffered a stroke at Bus Stand Nahan and died during treatment,

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On the basis of the above facts, a prayer has been made to dismiss the application.

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The applicant has approached this Court seeking relief that he may not be arrested, in the above noted case. However, keeping in view the seriousness of

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2025:HHC:31976

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the allegations, which have been levelled, by the prosecutrix, who, unfortunately had expired, after three months of the incident and was not stranger, but, real sisterinlaw (Sali) of the applicant coupled with the fact that owing to her heard ailment, she was forced to take shelter in the house of the applicant, on account of the fact that her parental home is situated at a considerable distance, from where, she can not approach the hospital, since, she is facing difficulty in walking, the applicant is not entitled to any relief.

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Seriousness of the offence is also one of the factors, which should be considered, at the time of deciding the application, under Section 482 of the BNSS.

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Granting the relief of bail to the applicant, under Section 482 of BNSS, who is involved, in a serious offence, with a feeble girl, suffering from heart ailment, would give wrong signal to the society that after being named as ‘accused’ in a serious offence, the applicant is moving freely in the society.

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While deciding the question of bail, a delicate balance between individual liberty and larger interest of the society is to be maintained.

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Considering all these facts, this Court is of the view that the applicant is not entitled to relief of bail, at this stage. As such, the present application is dismissed.

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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 application.

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( Virender Singh ) Judge

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September 16, 2025 (ps)

Anu Sharma v. State of Hp

Case brief

What is this about?

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Anu Sharma v. State of Hp

Case brief

What is this about?

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What the court decided

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