Ramesh Kumar vs State Of Himachal Pradesh

Anoop Chitkara, J

An under-trial prisoner, in custody since 29.03.2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973

(CrPC), seeking bail, under Section 302, 201 read with Section 34 of the Indian Penal Code, 1860 (IPC).

The police arrested the petitioner, in FIR No.56 of 2019, dated 29.03.2019, registered under Section 302, 201 read with Section 34 IPC, in Police

Station Jogindernagar, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offenses. Earlier, the petitioner had filed a petition

under Section 439 CrPC before this Court, which was registered as Cr.MP(M) No. 2080 of 2020 but the same was rejected vide order dated

25.11.2020.

The petitioner, who is aged 48 years and is facing trial for committing murder, has come up before this Court seeking bail on the grounds that while

under incarceration he suffered Covid-19 disease and now although he has recovered and tested negative but is under extreme anxiety and trauma.

In response to the petition, Mr. Nand Lal Thakur, learned Additional Advocate General has placed on record the status report, in which it is

mentioned that he had suffered Covid-19 infection on 20.11.2020 but now he has no symptoms and tested negative for Covid-19 on 7.12.2020.

The prayer of the petitioner regarding grant of interim bail, is covered by the judgment of this Court passed in Cr.MP(M) No. 1883 of 2020, titled

Roop Singh versus State of Himachal Pradesh, wherein this Court has observed as follows:

“5. Heard learned Counsel for the parties and Mr. Vijay Chaudhary, learned Amicus Curiae and also gone through the data supplied by the learned

Amicus Curiae as well as Ms. Aishwarya Sethuraman, Law Intern. Mr. Vijay Chaudhary, learned Amicus Curiae assisted by Ms. Aishwarya

Sethuraman, Law Intern, has also drawn attention of the Court to the guidelines issued by the Government of India in this regard, information from the

Mayo Clinic and Centre for Disease Control and Prevention (CDC) and various other prestigious and medical institutions. Without referring to such

data, as on date, the knowledge about Covid-19 disease is slightly more than the view of a room which one gets while peeping through its keyhole.

Since it is a new disease, as such, findings are at the stage of hypothesis. Still consensus appears that the age of vulnerability starts from 55 years

upwards. Furthermore, any person with co-morbidity conditions is also vulnerable depending upon the nature of organs involved or disease whether it

is auto immune or of metastatic carcinomatic growth.

As per the medical reports of the prison, the petitioner has no co-morbidity but is 58 years of age. Mr. Sunil Chauhan, learned Counsel for the

petitioner, on instructions, submits that the petitioner is under immense stress and anxiety and he further states that similar is the position of the

petitioner’s family members. He submits that in case this Court grants him one month’s interim bail to enable him to spend some time with his

family members it would certainly release his anxiety and stress.

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 and the same should be with bond amount of Rs. 1 lac with one surety in the like amount.

Mr. Vijay Chaudhary, learned Amicus Curiae has drawn attention to the bail order of Hon’ble Supreme Court in SLP(Crl.) No. 2194 of 2020,

titled as Rahul @ Vijay vs. State of Rajasthan, decided on 15th May, 2020, whereby the Hon’ble Supreme Court had given interim bail to a

prisoner who was suffering from Covid-19.â€​

Given the age of the petitioner and the contention that he and his family are under stress and anxiety and furthermore that he is apparently not of

flight risk, this Court grants him interim bail for a period of two weeks, 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 18.1.2021 at 4.00 p.m. latest,

and that in case he furnish bail bonds earlier then immediately on the expiry of fourteen days.

Thus the petitioner shall be released on interim bail subject to his furnishing a personal bond of Rs. One Lac only (INR 1,00,000/-) with one surety

of a similar amount to the satisfaction of the Chief Judicial Magistrate/Ilaqua Magistrate/Duty Magistrate/the Court exercising jurisdiction over the

concerned Police Station where FIR is registered undertaking therein to surrender before the Concerned Jail after the completion of fourteen days

interim bail and under no circumstance later than 18th January, 2021, by 4.00 p.m. The furnishing of bail bonds shall be deemed acceptance of all

stipulations, terms, and conditions of this bail order:

The petitioner shall give details of AADHAR number, phone number(s) (if available), WhatsApp number (if available), e-mail (if available),

personal bank account(s) (if available), on the reverse page of the personal bonds and the officer attesting the personal bonds shall ascertain the

identity of the bail-petitioner, through these documents.

The Attesting officer shall on the reverse page of personal bonds, mention the permanent address of the petitioner along with the above-mentioned

information, whatever is available.

The petitioner shall not influence, threaten, browbeat, or pressurize the witnesses and the Police officials.

The petitioner shall not make any inducement, threat, or promise, directly or indirectly, to the Investigating officer, 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.

The learned Counsel representing the accused and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all

conditions of this order to the petitioner, in vernacular and if not feasible, in Hindi or English.

In return for the interim protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.

The petition stands disposed of in the terms mentioned above.

Copy dasti.