Sohan Lal Vs State of Hp

2025:HHC:43464

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. : 2424 of 2025 Decided on : 10.12.2025 Sohan Lal …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 : Applicant in person with Mr. Santosh Kumar, Advocate vice Mr. Sidharth, Advocate. For the respondent : Mr. Tejasvi Sharma & Mr. H.S. Rawat, Additional Advocates General, assisted by HC Sanjeev Kumar No.58, Police Station Indora, District Kangra, H.P.

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Virender Singh, Judge (Oral)

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Applicant – Sohan Lal, apprehending his arrest,

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in case FIR No.158 of 2025, dated 26.09.2025, registered, under Section 75 of the Bharatiya Nyaya

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Sanhita, 2023 (hereinafter referred to as ‘BNS’), and

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Section 10 of the Protection of Children from Sexual

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Offences Act (hereinafter referred to as the POCSO

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

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Act’) with Women Police Station, Indora, District

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Kangra, 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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By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Indora, District Kangra, 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 is innocent and has falsely been implicated, in this case, by the Police.

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According to the applicant, investigation, in the present case, is complete and he is ready to abide by, any condition(s), to be imposed by this Court.

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As per the applicant, he belongs to a respectable family and is having deep roots in the society. The applicant has also pleaded that he is sole bread earner of his family.

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It is the further case of the applicant that there is no direct or indirect evidence connecting the applicant with the alleged crime.

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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, on 07.10.2025, disclosing therein, that on 26.09.2025, the complainant, who was posted, as, Principal, Government Senior Secondary School Malahadi, Tehsil Indora, District Kangra, moved a complaint to the police, mentioning therein, the following facts:-

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“Submission of Complaint/ Allegations of Sexual Harassment with the girls students of +1 and +2 in r/o Sh Sohan Lal Lecturer in Hindi GSSS Malahri Tehsil Indora Distt Kangra HP. R/Sir,It is submitted that a formally report a serious matter concerning an incident of sexual harassment done by Sh. Sohan Lal Lecture in Hindi, a faculty member at GSSS Malahri. This complaint is being made on behalf of girls students of 10+1 & 10+2 who have

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experienced or witnessed inappropriate and unwelcome behavior from Sh. Sohan Lal Lecturer in Hindi. The nature of the harassment includes e.g. inappropriate comments, suggestive remarks, physical contact, etc. These actions have made students feel uncomfortable, unsafe, and violated in an educational environment that should promote respect, safety, and inclusivity. The actions of Sh. Sohan Lal Lecturer in Hindi have compromised our ability to learn and have created an environment of fear and discomfort. Therefore you are requested that this complaint be taken seriously and investigated in accordance with the Institution's sexual harassment policies. We expect prompt and appropriate action to address the situation, including an impartial investigation and necessary steps to ensure the safety and wellbeing of all students. Thank you for your attention to this serious matter. We look forward to your prompt response and the assurance that appropriate action will be taken to address the issue.”

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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, statements of the child victims and the witnesses were recorded, under Section 180 of the BNSS. On 27.09.2025, all the six victims were produced before the Court of learned Judicial Magistrate First Class, Indora, where their statements, under Section 183 of BNSS, were recorded, in the presence

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of Member of Sexual Harassment Committee and Lady Constable Arti No.284. All the six students were found to be minor.

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Considering the said status report, interim protection was granted to the applicant and the matter was adjourned to 14.10.2025.

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On 14.10.2025, the police has filed supplementary status report, disclosing therein, that the applicant, who is posted, as lecturer, has touched the child victims, improperly. Not only this, he has also given bad touch to the other children.

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In the supplementary status report filed on 4.11.2025, it has been mentioned that the applicant has joined the investigation, however, he has not disclosed the real facts.

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It has also been mentioned, in the status report, that apart from the present case, no other case is found to have been registered against him.

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As per the status report, on the indication of the complainant, spot map was prepared. During investigation, the complainant was also inquired about the CCTV camera

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and it was found that there were total 8 CCTV Cameras, installed in the School, out of which, two are installed, in the examination hall and rest of the cameras, are installed, in the Entrance, Library, Ground Area, Ground Floor of New Building and Gallery of 1^st and 2^nd floors. Except the examination halls, which are also the class rooms of 9^th and 10^th class, no CCTV Camera was found to have been installed.

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It has also specifically been mentioned, in the status report, that in the class rooms of 11^th and 12^th class, where the alleged incident had taken place, no CCTV Camera was there.

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Thereafter, the matter was adjourned to 18.11.2025. On 18.11.2025, the police has filed supplementary status report, in which, it has been mentioned that in the DVR of the CCTV Cameras, old recording was not found, however, footage data of the CCTV Cameras was sent to RFSL Junga for retrieving the same. It has been apprehended that in case the interim order is made absolute, the applicant may coerce the witnesses.

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In the status report filed on 09.12.0225, it has

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been mentioned that the investigation, against the applicant is complete and the charge-sheet has been filed, on 22.11.2025, however, the report of DVR from RFSL is still awaited.

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On the basis of the above facts, the apprehensions, which have been expressed, in the earlier report, have been reasserted. It is the specific case of the police that the room, where the alleged incident had taken place, no CCTV Camera was there and the DVR of the other CCTV Cameras has been sent for retrieving the data, report of which is still awaited.

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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 allegations, which have been levelled in the FIR, are serious in nature, however, the same would be proved during the trial.

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The bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and the accused is presumed to

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be innocent unless proven guilty, by the competent Court of Law.

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Applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for the trial.

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So far as the apprehensions, which have been expressed, by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the interim order is made absolute.

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Considering the totality of circumstances, this Court is of the view that the interim protection, granted to the applicant, is required to be made absolute, as, no useful purpose would be served by dismissing the present application, which would result into the judicial custody of the applicant.

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Considering all these facts, the interim order dated 07.10.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR

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2025:HHC:43464

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No.158 of 2025, dated 26.09.2025, registered, under

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Section 75 of the BNS and Section 10 of the POCSO

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Act, with Police Station, Indora, District Kangra, H.P. , on his furnishing personal bond, in the sum of 5₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer.

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This order, however, shall be subject to the

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following conditions :

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a) That the applicant shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

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b) That the applicant shall not leave India, without prior permission of the Court;

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c) That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and

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d) That 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 appropriate application.

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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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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 violated by the applicant.

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( Virender Singh ) Judge

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December 10, 2025 (ps)

Sohan Lal v. State of Hp

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Sohan Lal v. State of Hp

Case brief

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