Gulab Singh vs State Of H.P

Anoop Chitkara, J

An under-trial prisoner, who is facing trial for possessing commercial quantity of Charas, has come up before this Court under Section 439 of the

Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, to attend the last rites and rituals of his brother-in-law expired on 29th April, 2021.

In Para 3 of the bail application, the petitioner declares having no criminal history.

Mr. Nand Lal Thakur, learned Additional Advocate General submits that in case this Court grants interim bail to the petitioner then the Court must

specify the date on which the petitioner would surrender.

In the facts and circumstances peculiar to this case, the petitioner makes out a case for release on bail.

Given the contention that the brother in law of the petitioner has expired on 29th April, 2021 and furthermore that he is apparently not of flight risk,

this Court grants him interim bail for a period of two weeks, subject to the conditions mentioned below with outer limit that he must furnish bail bonds

well in time and if he fails to furnish the bail bonds in time, still he must surrender before the concerned Jail by 20th May 2021 at 4.00 p.m. latest, and

that in case he furnishes bail bonds earlier then immediately on the expiry of fourteen days. During the period of interim bail, the petitioner shall keep

the phone location/GPS always on the “ONâ€​ mode.

The petitioner shall be released on bail in the FIR mentioned above, subject to his furnishing a personal bond for surrendering in jail, for Rs. Twenty-

five thousand (INR 25,000/-), to the satisfaction of the Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation,

and in case of non-availability, any Ilaqa Magistrate.

The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s),

WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available).

The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police

officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to

tamper with the evidence.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of

this bail order, in vernacular and if not feasible, in Hindi.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order from

the official web page of this Court and attest it to be a true copy. In case the attesting officer or the Court wants to verify the authenticity, such an

officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

The petition stands allowed in the terms mentioned above.