Yogesh Kashyap vs State Of H.P

Vivek Singh Thakur, J

Notice. Mr.Gaurav Sharma, learned Deputy Advocate General, appears, waives and accepts service of notice on behalf of the respondent-State.

This petition has been filed seeking enlargement of the petitioner on interim bail in FIR No.225 of 2018, dated 7. 08.2018, registered in Police Station

Sadar, District Solan, H.P., under Section 302 of the Indian Penal Code, to enable him to attend marriage of his real sister Kalpana, proposed to be

solemnized on 23.05.2021 and 24.05.2021 in Village Majhyar, Post Office Haripur, Tehsil and District Solan, H.P.

Besides, copy of Wedding Invitation Card and certificate issued by the Pradhan Gram Panchayat Jadli, District Solan, H.P., have also been placed

on record to substantiate the fact that marriage of sister of the petitioner has been fixed on 23. 05.2021 and 24.05.2021 in Village Majhyar.

It is submitted by learned counsel for the petitioner that for circumstances prevailing because of Corona Virus, other relatives are not supposed to

attend the marriage for Corona Curfew restrictions and that petitioner’s brother is serving in Army and in these days he has been posted in

Jammu and Kashmir and, therefore, majority of arrangements and rituals have to be made and performed by the petitioner. It is further submitted that

parents of the petitioner are above the age of 60 years and are not able to make all arrangements independently, particularly keeping in view the

situation, on account of Corona Curfew.

It is further submitted that petitioner is ready and willing to furnish personal and surety bonds to the satisfaction of the trial Court with undertaking to

surrender immediately after solemnization of marriage of his sister.

Considering entire facts and circumstances and submissions made on behalf of the petitioner, petitioner is directed to be released on interim bail in

FIR No.225 of 2018, dated 07.08.2018, registered in Police Station Sadar, District Solan, H.P., on his furnishing personal bond in the sum of `50,000/-

with one surety in the like amount to the satisfaction of the trial Court on or before 22.05.2021, undertaking therein to surrender before the Jail

Superintendent, District Jail, Solan, H.P., on 27.05.2021 before 2.00 p.m., and also subject to the following further conditions:-

i. That petitioner shall not visit any other place during his interim bail except his native Village Majhyar, Post Office Haripur, Tehsil and District Solan,

H.P., and any other place where necessary to visit in connection with marriage;

ii. That the petitioner shall not jump over the bail and also shall not leave the State of Himachal Pradesh without prior permission of the Court;

iii. That the petitioner shall not tamper with the prosecution evidence or, in any manner, try to overawe or influence the prosecution witnesses; and

iv. It is clarified that violation of any of the conditions imposed shall dis-entitle the petitioner to continue on bail.

v. That petitioner shall surrender before the Jail Superintendent, District Jail, Solan, H.P. on 27.05.2021 before 2.00 p.m.

SHO Police Station Sadar, District Solan, H.P., is directed to verify the fact of surrender of the petitioner and in case petitioner does not surrender,

to take appropriate action.

Petition is disposed of in aforesaid terms.

Petitioner is permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the

authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High

Court.