Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 10413 (HP)

KABUL HUSSAIN v. STATE OF HP

CRMPM/693/2025 · 2025-04-03

Vivek Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:9044 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.MP(M) No.693 of 2025 Decided on : April 3, 2025 Kabul Hussain (Lodged in Model Central Jail, Nahan) …..Petitioner Versus State of Himachal Pradesh ….Respondent Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? For the Petitioner : Mr. Kulwant Singh Gill, Advocate. For the Respondent : Mr. Manoj Chauhan, Additional Advocate General. ASI Anil Kumar, PS Majra, District Sirmour (H.P) present in person with police record. Vivek Singh Thakur, Judge. Petitioner, invoking Section 483 of the Bharatiya Nagarik Suraksha Sanhita, has approached this Court for grant of interim/temporary bail in case FIR No.165 dated 13.10.2022, under Sections 20, 61 & 85 of ND&PS Act, registered in Police Station Majra, District Sirmour (H.P). 2. Present application has been filed, seeking interim bail, on the ground that petitioner wants to attend marriage of his daughter - Shahiba which is to be solemnized on 12.04.2025 in his native village. …2… ( 2025:HHC:9044 ) 3. Status report stands filed. Alongwith the status report, statement of wife of petitioner, President, Gram Panchayat, Kundion, Vikas Khand, Paonta Sahib, District Sirmour, and invitation card of marriage of daughter of petitioner has also been placed on record. 4. The factum of marriage of daughter of petitioner has been verified by the respondent-State, which is also evident from the Certificate issued by the President, Gram Panchayat, Kundion, Vikas Khand, Paonta Sahib, District Sirmour, invitation card and statement of wife of petitioner. 5. It has been submitted on behalf of the petitioner that petitioner is ready to abide by any condition for enlarging him on temporary/interim bail and he is also ready and undertakes to furnish bail bonds, with surety of a local person and that of his relative, to the satisfaction of Trial Court to assure his presence and also his availability by surrendering after expiry of period of interim bail. 6. Taking into consideration entire facts and circumstances, petitioner is directed to be enlarged on interim/ temporary bail till 21.4.2025, on furnishing personal bond in the sum of `1,00,000/- (Rupees one Lakh) with two sureties, each in the like amount, one of which, as undertaken by the petitioner, shall be local and the other shall be of relative of the petitioner, to the satisfaction of Trial …3… ( 2025:HHC:9044 ) Court/Sessions Judge, undertaking therein that the petitioner shall surrender on 21.04.2025 at or before 2 p.m., before the Jail Supreintendent/Incharge of the Jail, wherefrom he shall be released, failing which appropriate action against him and his sureties shall be initiated, and also subject to any other condition considered to be proper to be imposed by the Trial Court amongst following conditions:- 1. The petitioner shall surrender before the Jail Superintendent/Incharge of concerned Jail on or before 21.04.2025 at or before 2 PM, wherefrom he shall be released. 2. The petitioner shall not tamper with evidence in any manner. 3. That petitioner shall not misuse his liberty in any manner. 4. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence and that he shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses. 5. That the petitioner shall not obstruct the smooth progress of trial. 6. That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station. 7. That the petitioner shall not visit anywhere except the place where his presence is required in connection with marriage of his daughter. …4… ( 2025:HHC:9044 ) 7. It will be open to the prosecution to apply for imposing and/or to the Trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the Trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 8. SHO Police Station Majra, District Sirmour, HP is also directed to verify the fact of surrender by petitioner on 21.4.2025 and if petitioner fails to surrender, then appropriate action against him and his surety shall be initiated in accordance with law. 9. In case, the petitioner violates any condition imposed upon him, his interim bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 10. Copy of this order also be transmitted to the concerned Trial Court for information and compliance. 11. Jail Authorities are also directed to report the matter on surrender or failure to surrender by the petitioner, on 21.4.2024, to the trial Court, whereupon, trial Court as well as other concerned officers, in case of failure to surrender, shall …5… ( 2025:HHC:9044 ) take appropriate action against petitioner as well as his surety. 12. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise. Petition stands disposed of. ( Vivek Singh Thakur ) 03rd April, 2025(Shamsh Tabrez) Judge. Digitally signed by SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=3418061207364d8c002725dfc58ff116f678c3d39289db 29b992cce875905119, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=5ce240fac0e1267843f29509683d09a9912a f10edc4e6cd2ed5d4a8c30134c1b, CN=SUBHASH CHAND DHIMAN Reason: I am the author of this document Location: Date: 2025-04-04 09:46:03 SUBHASH CHAND DHIMAN