Raj Kumar vs State Of Himachal Pradesh & Others

Vivek Singh Thakur, J

Notice. Mr. Dinesh Thakur, learned Additional Advocate General appears and accepts service of notice for the respondent/State.

The present petition has been filed seeking release of the petitioner on interim/temporary bail enabling him to attend the last rites and rituals of his

grand-mother Smt. Gangi Devi, who has expired on 9.2.2021 and whose 13th day ritual (Teharwi) is to be performed on 22.2.2021. Copy of death

certificate of Smt. Gangi Devi has also been placed on record.

The petitioner is presently lodged in Model Central Jail Kanda, District Shimla.

Considering the submissions made by the learned Counsel for the petitioner, the petitioner is directed to be enlarged on temporary bail, enabling him

to attend the ritual of Teharwi of his grand-mother in Village Muhan, P.O. Kothi, Tehsil Anni, District Kullu, H.P., subject to his furnishing a personal

bond in the sum of Rs.50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of Learned Chief Judicial Magistrate,

Shimla by tomorrow i.e. 20.2.2021, subject to the following further conditions:

(i) That he shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that he 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;

(iii) that he shall not obstruct the smooth progress of the investigation/trial;

(iv) that he shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that he shall not misuse his liberty in any manner;

(vi) that he shall not jump over the bail;

 (vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police;

(viii) After release on temporary bail, he shall not visit places other than village Muhan, P.O. Kothi, Tehsil Anni, District Kullu, H.P. and shall

surrender before the Jail Superintendent on or before 24.02.2021 by 1.00 p.m.

Parties may produce the downloaded copy of the order passed by the Court before the Authorities concerned if required and the concerned

Authority shall not insist for the certified copy of the order, rather passing of the order can be verified from the web-page of this Court.

Petition stands disposed of in the aforesaid terms. Pending miscellaneous applications, if any, also stand disposed of accordingly.

Copy dasti.