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‘Why wasn’t 2021 abuse reported in earlier FIR?’: judge asks survivor while granting bail to Himachal MLA Hans Raj in Pocso case

Churah MLA Hans Raj was on Tuesday granted anticipatory bail in connection with an FIR registered against him on November 7.

5 min readShimlaNov 12, 2025 04:21 PM IST

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Vaghani added that the bridge has been shut down till December 25 because it has been found to be “risky”.

Allowing the anticipatory bail application of Himachal Pradesh BJP MLA Hans Raj on Tuesday in a case registered against him under the Protection of Children from Sexual Offences (Pocso) Act, the Chamba District Sessions-cum-Special Judge sought to know why the survivor did not mention the sexual abuse she faced in 2021 in an FIR she had lodged against the MLA last year.

In the detailed order, released on Wednesday, Judge Preeti Thakur said prima facie, the conduct of the alleged survivor appeared to be “suspicious”. The Churah MLA had filed the anticipatory bail application in the wake of the First Information Report (FIR) registered against him on November 7.

‘Earlier FIR had no whisper of 2021 incident’

As per the FIR, the accused deceitfully took the girl with him to a rest house in Bhandal and sexually abused her. The MLA was subsequently booked under Section 69 (sexual intercourse by employing deceitful means) of the Bharatiya Nyaya Sanhita (BNS) and Section 6 (aggravated penetrative sexual assault) of the Pocso Act at the Women’s Police Station in Chamba.

The court stated, “…the matter of concern is that in the earlier FIR registered on August 9 in 2024, the victim has not even made a whisper/regarding any incident/occurrence pertaining to the year 2021 in the handwritten detailed complaint made by her… It is not explained by the prosecution or the victim as to why the said occurrence was not reported at the time of registration of earlier FIR.”

“Although the aforesaid observation and expression of the court is a matter of trial and no opinion on merits can be made at this stage when the court is dealing with the anticipatory bail application… prima facie the conduct of the victim appears to be suspicious/dubious,” the judge added.

“No date, month or year of alleged occurrence has been mentioned by the victim, however, she has alleged that she was below 17 years and was studying in class 11th at that time,” the court stated, adding, “In the reply filed by the victim today, she has narrated the year of said occurrence to be of 2021, i.e. around four years ago. Further, the victim alleged in the present FIR that in the month of February 2024, she was called by the bail applicant in Himachal Bhavan, Chandigarh, where he made physical relations with her on the pretext that he should marry her and settle her at Chandigarh.”

What the 2024 complaint mentioned

During the arguments, the case file of the earlier FIR was called for perusal. It was found that on August 9, 2024, when the victim was around 20 years of age, she had lodged a complaint against the MLA, leading to the registration of an FIR under sections 74 (assault or criminal force on woman to outrage modesty), 75 (sexual harassment), and 351(2) (criminal intimidation) of the BNS. However, during the investigation, she made a statement that she did not wish to pursue the complaint further, following which a cancellation report was filed.

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The prosecution argued that the cancellation report has not yet been accepted by the court and is pending for objections. Therefore, the victim’s earlier statement of not pursuing the case cannot be accepted as true.

The court noted that whether the victim’s earlier statement was made under duress or otherwise is a matter of adjudication in the proceedings related to the cancellation report, and no opinion could be expressed on that aspect while deciding the present bail plea.

The court said, “Keeping in view the facts brought before the court and the conduct of the victim, at this stage, the liberty of the accused cannot be curtailed.”

Accordingly, the court ordered that in the event of arrest, the bail petitioner “shall be released on interim bail upon furnishing a personal bond of Rs 1 lakh with one surety of the like amount to the satisfaction of the arresting officer, subject to the following conditions including bail applicant shall not leave India without prior permission of the court, he shall join the investigation as and when directed by the investigating agency, he shall not contact the victim or her family members through WhatsApp, mobile phone, SMS, or any other means of communication or social media, he shall not indulge in any act or omission that is unlawful or illegal, or which may prejudice the proceedings in the pending case.”

The case will be heard again on November 22.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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