Inder Dev vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking provisions of Section 483 Bhartiya Nagarik Suraksha Sanhita (in short ‘BNSS’), for enlarging him on 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, 326, 201, 147, 148, 149, 440, 354, 354-B and 109 read with Section 34 of the Indian Penal Code, Section 24 of Arms Act and Sections 3(1)(r),(s),(w) & 3(2)(va) of Schedule Castes and Schedule Tribes (prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC & ST Act’).

Status report stands filed, wherein facts and circumstances have been narrated in detail, indicating the role and manner in which offence was committed.

It has been further submitted that petitioner being an under-trial prisoner is not entitled for parole or any other kind of right for his temporary release and, therefore, there is no option except to file the present petition for interim bail.

Prayer for 60 days interim bail has been made mainly on the ground that petitioner has the responsibility to return the loan of Rs.3,29,279/- of the Kangra Central Cooperative Bank and due to non payment of loan, the family of petitioner received the regular notices from the Tehsildar Recovery. It is further submitted that petitioner has also to deposit the annual installments qua LIC vide Policy No. 152039574 amounting to Rs.50,000/- and to return the bank loan amount and to arrange some money for survival of his family, including two minor children i.e. 8 years old son and 5 years old daughter, petitioner has to sell out some portion of land and before selling the land, the mutation of land, which has been given by his deceased father and deceased brother in the name of petitioner, is required to be attested in favour of petitioner.

To substantiate plea of the petitioner, copy of notice issued by Tehsildar Recovery, Copies of Will dated 1.1.2020 and 13.4.2011 executed by deceased father and deceased brother of petitioner in his favour have been placed on record. It has been submitted on behalf of the petitioner that for arranging funds, petitioner intends to sell some land.

It has further been submitted that though earlier bail applications bearing Bail Application No. 129 of 2022 filed before the Special Judge, Kullu, District Kullu, Cr.MP(M)No. 1756 of 2021, Cr.MP(M) No. 2054 of 2022, Special Leave to Appeal (Crl) No. 2135 of 2023, Cr.MP(M) No. 2747 of 2023 as well as Cr.MP(M) No. 391 of 2025 were dismissed, but vide order dated 28.6.2025 passed in Cr.MP(M) No. 1492 of 2025 (Annexue P-8) petitioner was enlarged on interim bail and at that time also, petitioner had strictly abide by the terms and conditions imposed upon him and did not involve in any unlawful act and had also surrendered well in time granted by the Court. Therefore, prayer has been made to enlarge the petitioner on interim bail for 60 days.

It has further been submitted that in case interim bail is not granted, at this stage, petitioner would be ruined and he would suffer irreparable loss and further that during his enlargement on interim bail, he would attend the Court as and when directed and required to do so.

It has also been submitted by learned counsel for petitioner that for any violation of condition imposed by Court, it will be the petitioner who will suffer and further that petitioner undertakes not to do any act directly or indirectly in contravention of conditions imposed by Court at the time of enlarging him on temporary bail.

As per status report, submitted by respondent-State, it has been verified that petitioner has 6 brothers and 5 sisters and except one brother, all have been married and are living separately and it has also been verified that one deceased brother, who was unmarred and lived with petitioner, and father of petitioner had executed the Will of their share in favour of petitioner and averments of petitioner with respect to bank loan, notice of recovery of loan amount for 20th March, 2026 as well as attestation of mutation and premium of LIC to be paid by petitioner etc. have been found to be correct as per status report.

Taking into consideration the entire material placed before me and verification report submitted by the respondent- State, petitioner is directed to be released on interim bail till 30th April, 2026 subject to his furnishing personal bond in the sum of Rs.2 lacs with one surety in the like amount to the satisfaction of the Trial Court/Magistrate, undertaking therein that petitioner shall surrender, on 30th April, 2026 at or before 2.00 P.M. before the concerned Jail Superintendent/Incharge of the jail, wherefrom he shall be released, failing which appropriate action against him and his surety shall be initiated.

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) That the petitioner is enlarged on interim bail till 30.04.2026 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 30.4.2026;

(ii) That petitioner shall not visit anywhere except the places where his presence is required for the purpose narrated supra;

(iii) 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;

(iv) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(v) 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 misuse his liberty in any manner;

(vii) that the petitioner shall not jump over the bail; and

(viii) he shall keep on informing change of address or place of stay, if any, to the concerned Police Station.

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, enlarged on bail, 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.

SHO Police Station Kullu, District Kullu H.P. is also directed to verify the fact of surrender by petitioner on 15.02.2025 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law.

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.

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.

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.

The petition stands disposed of in the aforesaid terms.

Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of 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.