Inder Dev v. State of Himachal Pradesh

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner: Ms.Kanta Thakur, Advocate. For the Respondent: Ms.Seema Sharma, Deputy Advocate General. Vivek Singh Thakur, J (oral) Petitioner has approached this Court, invoking provisions of Section 483 of Bhartiya Nagarik Suraksha Sanhita 2023 (in short ‘BNSS’), for enlarging him on temporary/interim bail in case FIR No.239 of 2021, dated 26.08.2021, registered in Police Station Kullu, District Kullu, H.P., under Sections 302, 307, 323, 325, 147, 148, 149 read with Section 34 of the Indian Penal Code (in short ‘IPC’) and Sections 3(1)(r), (s), (w) and 3(2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC & ST Act’).

2. Present petition has been filed for grant of interim bail in the aforesaid matter on the ground that real brother of 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:20320 petitioner has expired on 21.06.2025 and petitioner intends to participate in his last rites and rituals being performed in Village Sinang, P.O. Khadhiar, District Kullu, H.P.

4. Status report stands filed. Factum of death of brother of the petitioner has been verified by the police from the relevant persons. It has been submitted that victim and petitioner are not residents of one and same Village and temporary release of the petitioner will not cause any prejudice or threat to the victim or her family and further that, Up-Pradhan of concerned Gram Panchayat has also given positive report in favour of the petitioner to release him on temporary/interim bail.

5. It has been further submitted that petitioner is under-trial prisoner whose guilt is yet to be proved, but being an under-trial prisoner he is not having the right for release on parole or any other remedy to visit his house for participating in the last rites and rituals of his deceased brother.

6. Taking into consideration the entire material placed before me and the verification report submitted by respondent- State, petitioner is directed to be enlarged on interim bail till

07.07.2025, subject to his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of Trial Court/Magistrate, undertaking therein that petitioner shall surrender, on 07.07.2025 at or before 2.00 P.M. before the concerned Jail Superintendent/Incharge of the Jail, 3 2025:HHC:20320 wherefrom he shall be released, failing which appropriate action against him and his surety shall be initiated.

7. During interim bail, petitioner shall abide by further conditions as may be deemed fit and proper by the Trial Court/Magistrate, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time of trial:- (i) (ii) (iii) (iv) (v) That the petitioner is enlarged on interim bail till 07.07.2025 on furnishing and acceptance of bail bonds with direction to him to surrender before concerned Jail Superintendent/Incharge, wherefrom he is released, at or before 2:00 P.M. on 07.07.2025; That petitioner shall not visit anywhere except the places where his presence is required for the purpose narrated supra; That the petitioner 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; That petitioner shall not obstruct the smooth progress of the investigation/trial; That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (vi) That the petitioner shall not jump over the bail; (vii) That the petitioner shall keep on informing change of address or place of stay, if any, to the concerned Police Station. (viii) That petitioner shall not misuse his liberty in any manner. 4 2025:HHC:20320

8. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

9. SHO Police Station Kullu, District Kullu H.P. is also directed to verify the fact of surrender by petitioner on

07.07.2025 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law.

10. In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

11. Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

12. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

13. The petition stands disposed of in the aforesaid terms.

14. Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of 5 2025:HHC:20320 Himachal Pradesh, before the Trial Court/Magistrate, and the said Court shall not insist for production of a certified copy but if required, may verify it from Website of the High Court. (Vivek Singh Thakur), Judge. June 28, 2025 (Purohit) SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3418061207364d8c002725dfc58ff116f678c3d39289d b29b992cce875905119, PostalCode=171001, S= Himachal Pradesh, SERIALNUMBER= 5ce240fac0e1267843f29509683d09a9912af10edc4e6 cd2ed5d4a8c30134c1b, CN=SUBHASH CHAND DHIMAN Reason: I am the author of this document Location: Foxit PDF Reader Version: 2025.1.0