Rakesh Kumar vs State Of H.P

Anoop Chitkara, J

The petitioner has filed the present petition on the ground mentioned in paragrahp 4, which are extracted herein below:

“That the marriage of his niece Shivani Thakur is scheduled for 27.6.2021/28.6.2021 at Village Banali, PO Sadhot, Tehsil Sarkaghat District Mandi,

H.P. The petitioner is the only surviving male brother of the father of Shivani Thakur. The father of Shivani and the only brother of the petitioner as

posted in Armed services, who lost his life in an emboss by the terrorist. In the absence of his brother he has to perform all the religious ceremony

including the kanya-daan of his niece, as such his presence in the marriage function is necessary. The wedding invitation card is annexed herewith as

Annexure P-1 for the kind perusal of this Hon’ble Court. Hence forth in light of the above mentioned facts and circumstances the petitioner is

seeking interim bail for four days i.e. 26nd of June, 2021 to 29th of June, 2021 to perform the ceremonies as stated earlierâ€​.

Mr. Vivek Sharma, learned counsel for the petitoner states that the petitoner has no previous criminal history. He further submits that alothough in

paragraph 4, the petitioner seeks bail from 26.6.2021 to 29.6.2021 but in case this Court grants him bail from today then it would facilitate the

petitioner to arrange for the wedding. His prayer appears to be reasonable.

Mr. Ram Lal Thakur, learned Deputy 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 support of above averments, the petitioner has annexed the printed wedding card. Prima facie there is nothing to disbelieve the contentions as

well as the card. Moreover, the petitioner is a permanent resident and there is no question of his absconding from the custody.

Given the facts and circumstances mentioned above, and without commenting on the case's merits, given the circumstances peculiar to this case,

the petitioner makes a case for release on bail up to 29.6.2021.

In Manish Lal Shrivastava v State of Himachal Pradesh, CrMPM No. 1734 of 2020, after analysing judicial precedents, this Court observed that

any Court granting bail with sureties should give a choice to the accused to either furnish surety bonds or give a fixed deposit, with a further option to

switch over to another.

The petitioner shall be released on bail in the FIR mentioned above, subject to his furnishing a personal bond of Rs. Ten thousand (INR 10,000/-),

and shall furnish two sureties of Rs. Twenty-five thousand (INR 25,000/-) each, 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. Before accepting the sureties, the concerned

Magistrate must satisfy that in case the accused fails to appear in Court, then such sureties are capable to produce the accused before the Court,

keeping in mind the Jurisprudence behind the sureties, which is to secure the presence of the accused.

In the alternative, the petitioner may furnish a personal bond of Rs. Ten thousand (INR 10,000/-), and fixed deposit(s) for Rs. Ten thousand only

(INR 10,000/-), made in favour of Chief Judicial Magistrate of the concerned district.

a) Such Fixed deposits may be made from any of the banks where the stake of the State is more than 50%, or any of the stable private banks, e.g.,

HDFC Bank, ICICI Bank, Kotak Mahindra Bank, etc., with the clause of automatic renewal of principal, and liberty of the interest reverting to the

linked account.

b) Such a fixed deposit need not necessarily be made from the account of the petitioner and need not be a single fixed deposit.

c) If such a fixed deposit is made in physical form, i.e., on paper, then the original receipt shall be handed over to the concerned Court.

d) If made online, then its printout, attested by any Advocate, and if possible, countersigned by the accused, shall be filed, and the depositor shall get

the online liquidation disabled.

e) The petitioner or his Advocate shall inform at the earliest to the concerned branch of the bank, that it has been tendered as surety. Such information

be sent either by e-mail or by post/courier, about the fixed deposit, whether made on paper or in any other mode, along with its number as well as FIR

number.

f) After that, the petitioner shall hand over such proof along with endorsement to the concerned Court.

g) It shall be total discretion of the petitioner to choose between surety bonds and fixed deposits.

h) Subject to the proceedings under S. 446 CrPC, if any, the entire amount of fixed deposit along with interest credited, if any, shall be

endorsed/returned to the depositor(s). Such Court shall have a lien over the deposits.

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.

This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or to cause any discomfort to the victim.

Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. State of Madhya Pradesh,

2021 SCC Online SC 230.

The petitioner shall surrender in prison from where he was released, on or before 30.6.2021, by 4 p.m.

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. Any Advocate for the petitioner can download this order along with

the case status 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.

In the facts and circumstances peculiar to this case, the petition is allowed in the terms mentioned above.

Copy Dasti.