Rajesh Kumar vs State Of Himachal Pradesh

Anoop Chitkara, J

This petition coming on for orders this day, the Court passed the following:

FIR No

Dated

Police Station

Sections

34/2020

17.3.2020

Banjar, District Kullu, H.P

20, 25 & 29 of the ND&PS Act.

An under-trial prisoner, aged 25 years and 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, because of medical treatment of his female child.

Paragraph-6 of the bail petition mentions the petitioner having no criminal history.

Mr. Ravi Tanta, learned for the petitioner has argued that the petitioner is seeking bail for a limited period because his daughter is undergoing treatment at I.G.M.C., Shimla as she is suffering from Global Development Delay. To support this fact he has annexed the photocopy of medical record of his child.

Mr. Ram Lal Thakur, learned Assistant 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 for a limited period.

Given the fact that the petitioner, who is 25 years of age and his female child, who is one year and four months old, suffering from global development delay, this Court grants him interim bail for a period of one month and twenty days, 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 22nd November, 2021 by 11:00 a.m. He shall also handover the photocopies of all the prescription slips. Failure to deposit the same shall have an impact on all future bail applications. During the period of interim bail, the petitioner shall keep the phone location/GPS always on the "ON" 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) linked with the Aadhar card, 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.