Lakhwinder Singh @ Lucki vs State Of HP

Ranjan Sharma, J

This is an application for post-arrest bail, under Section of the Code of Criminal Procedure, originating from FIR No.150 of 2022, under Sections 302, 34 of the Indian Penal Code and Sections 27, 54 and 59 of the Arms Act, registered with Police Station, Manpura, Solan, District Solan [H.P.].

In pursuance to FIR dated 27.10.2022, referred to above, the bail petitioner is in judicial custody, at Model Jail, Kanda, District Shimla, w.e.f. 28.10.2022.

By way of the instant application, the bail petitioner [Lakhwinder Singh @ Lucki, has approached this Court for interim bail on account of marriage of his sister [Nikita], which is scheduled on 24th & 25th February, 2024, at their residence in VPO Bhud, Tehsil Baddi, District Solan [H.P.]. In view of the marriage of his sister, the bail petitioner has prayed for grant of interim bail for the period of fifteen days, to enable him at attend the marriage of his sister and to make necessary arrangements.

This Court issued notice on the bail application on 08.02.2024, directing the respondent to file status report. On 12.02.2024, the status report was filed on the instructions of Station House Officer, Police Station, Manpura, Tehsil Baddi, District Solan [H.P.], indicating the factual position. In view of the status report so filed, the Learned State Counsel had prayed for some time to furnish the latest status report, indicating as to whether any person, including the family members or the local residents, have any objection to the release of the petitioner on interim bail.

In compliance to the orders passed by this Court on 12.02.2024, fresh status report dated 19.02.2024 [taken on record] has been filed, whereby, the factual aspects, leading to the alleged offence have been detailed. It is also admitted in the status report that the bail petitioner is twenty-six years of age and the marriage of the petitioner’s sister is fixed as per wedding card. However, the status report indicates that Raghubir and Diwan Chand [who are stated to be neighbourers] of the bail petitioner, had objected to the grant of interim bail to the petitioner. Notably, even the father of the deceased has objected to the grant of bail on the ground that after the alleged incident, the entire family has suffered mental agony and, therefore, the bail petitioner be not released.

Faced with this situation, Mr. Karan Kapoor, learned counsel for the petitioner, submits that the objections submitted by the aforesaid neighbourers, including the father of the deceased, referred to above, is without any factual basis. Even the statement made by the father objecting to the grant of bail is on account of mental agony suffered as a result of alleged offence. However, the learned counsel for the bail petitioner, submits that house of the bail petitioner [Lakhwinder Singh @ Lucki] as well as the place of residence of the neighbourers and the deceased referred to above, is at a distance of 5-7 Kms.

Learned counsel for the bail petitioner further submits that one of the co-accused, namely, Amandeep Singh, had also moved this Court in Cr.MP(M) No. 160 of 2024, seeking interim bail on account of marriage of his brother and the Co-ordinate Bench of this Court had granted the interim bail to the aforesaid co-accused on 24.01.2024.

Keeping in view the entirety of the facts and circumstances referred to above, this Court is inclined to grant interim bail to the petitioner, so as to enable him to participate in the wedding of his sister as per wedding card. The apprehension of the neighbourers and the father of the deceased, can be adequately safeguarded, by prescribing stringent bail conditions. Notably, the bail petitioner being the only brother of Nikita [who is to get married as per the wedding card], has to participate in the wedding functions, as per Hindu rituals and he is required to make arrangements for marriage etc. alongwith other family members.

Accordingly, this Court is inclined to grant interim bail to the petitioner, for a period of seven days, from 21.02.2024 to 27.02.2024, subject to the following conditions:-

(i) The petitioner shall furnish a personal bond in the sum of Rs.2,00,000/- [Rupees Two Lacs] with one surety in the like amount to the satisfaction of the learned Trial Court or any Sessions Judge/Additional Sessions Judge having jurisdiction over the concerned Police Station;

(ii) The petitioner shall disclose his functional E-Mail IDs/Whatsapp number and that of his surety to the Jail Authorities concerned;

(iii) The petitioner shall not jump over the bail and also shall not leave the State of Himachal Pradesh without prior information of the Court;

(iv) The petitioner shall not tamper with the witnesses or the evidence in any manner;

(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or the witnesses;

(vi) The petitioner shall neither involve himself nor shall be abet the commission of any offence. The involvement or abetting in any offence, shall entail cancellation of pre-arrest bail, automatically;

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about his place of residence during bail. Any change in the same shall also be communicated promptly. The petitioner furnish details of his Aadhar Card, Telephone Number, Mobile Number, E-mail address,, PAN Card, Ban Account Number, if any, to the concerned Station House Officer;

(viii) The petitioner shall report at Police Station, Manpura, Tehsil Baddi, District Solan [H.P.], every alternate day at 11:00 a.m. during the interim bail period.

(ix) The petitioner shall surrender before the concerned Jail Authorities on or before 27.02.2024 by 04:00 p.m.

(x) It is clarified that violation of any of the conditions imposed hereinabove shall entail cancellation of bail automatically; and

(xi) The respondents are at liberty to move this Court for modification or cancellation of bail, if circumstances, so necessitate or in case of violation of any of the conditions mandated herein.

The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

A copy of this order be sent to the Superintendent, Model, Central Jail, Kanda, District Shimla [H.P.]

The petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy, but if required, may verify passing of order from Website of the High Court.

However, the Registry is directed to send a copy of this order to the learned counsel for the parties, through e-mail, subject to furnishing e-mail addresses by them, if so required.