Rajesh Khachi vs State Of Himachal Pradesh

Anoop Chitkara, J

An under-trial prisoner, who is facing trial for committing murder, has come up before this Court under Section 439 of the Code of Criminal

Procedure, 1973 (CrPC), seeking interim bail, to get her ailing wife medically checked up.

In Para 11 of the bail application, the petitioner declares having no criminal history.

Paragraphs 5, 6 and 7 of the petition reads as follows:

“5. That the wife of the petitioner while doing household activities at her place had a fall resulting in slip disc. The wife of the petitioner was taken

to the Civil Hospital Theog, Shimla where after examination she was advised complete bed rest apart from medication by the doctor concerned.

During her medication, her existing problem aggravated and again she was taken to Civil Hospital Theog. She had undergone the requisite tests as

advised by the doctor and after x-ray examination it was found that she had prolapsed inter vertebral Disc space at L-4 and L-5 origin and her

strength leg raising test was found positive at 70 degree on right side and root stretch was also found positive.

According to the concerned doctor these all are symptoms and complications of Slip Disc. The prescription slips are annexed herewith as Annexure

P- 2 and Annexure P-3. The typed copy of Annexure P-3 is annexed herewith as Annexure P-3/T.

That the family of the petitioner consists of his wife and two sons. The petitioner along with his both sons are in judicial custody. As such there is no

one in the family to look after the wife of the petitioner and to help her in doing daily pursuits and for proper medication and further management of

the disease. The copy of certificate from the office of Municipal Council Theog showing the strength of the family is annexed herewith as Annexure

P-4.

That the wife of the petitioner is not keeping good health because of her problem which is be ing aggravated day by day and as such she needs

proper care and further medical management which she is unable to do alone without any help. It may not be out of place to mention here that she had

lost her parents long back and there is none in her family also to help her in these difficult time. The sisters of the wife are married and their relations

are not cordial. The wife of the petitioner at all times remains in pain and sometimes is even unable to perform her daily pursuits. Due to ill health of

wife of the petitioner she is going in depression and requires proper treatment in a healthy and conductive atmosphere which she is unable to do being

only lady in her house. The petitioner intends to help his wife in these conditions and to get her checked thoroughly in some good medical institution for

her existing ailment. It is further submitted that without proper moral support and assistance of male member, it would be difficult for his wife to get

herself checked up in medical institutions.â€​

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 wife of the petitioner is seriously ill and furthermore that he is apparently not of flight risk, this Court grants him interim

bail for a period of one month, 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 17th September 2021 at 4.00 p.m. latest and that in case he

furnishes bail bonds earlier then immediately on the expiry of one month. 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.