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2025 DAILYLAW 10485 (HP)

Praveen Kumar v. State of HP

CRMPM/695/2025 · 2025-03-28

Sushil Kukreja

body2025

Judgment text

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1 ( 2025:HHC:8234 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 695 of 2025 Decided on : 28.03.2025 ___________________________________________________ Praveen Kumar ....Petitioner Versus State of H.P. …Respondent ___________________________________________________ Coram Hon’ble Mr. Justice Sushil Kukreja, Judge Whether approved for reporting?1 ________________________________________________ For the petitioner : Mr. Karan Kapoor, Advocate. For the respondent: Mr. P.K. Nadda, Additional Advocate General with Mr. Ankush Thakur, Deputy Advocate General. ________________________________________________ Sushil Kukreja, Judge (oral) By way of the instant petition filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioner is seeking interim/temporary bail of 15 days, in case FIR No. 90/2022, dated 29.11.2022, registered at Police Station Nirmand, District Kullu, H.P., under Sections 302 and 34 of the Indian Panel Code (hereinafter referred to as “IPC”), on 1 Whether reporters of Local Papers may be allowed to see the judgment? . 2 ( 2025:HHC:8234 ) the ground that his father expired on 20.03.2025 and he has to perform his last rites. 2. In the status report filed by the prosecution, the prayer made by the petitioner for interim bail has been opposed on the ground that in the event of petitioner being released on bail, he may threaten the prosecution witnesses. 3. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and also gone through the material available on record. 4. It is not in dispute that father of the petitioner has expired on 20.03.2025 and his last rites are being performed as per the customs prevailing in the area and the petitioner, being his younger son, has to perform the last rites of his father. 5. Hence, without going into the merits of the case, the instant petition is allowed in the interest of justice. The petitioner, who is presently lodged in Model Central Jail Kanda, District Shimla, H.P., is ordered to be released on interim bail for a period of 15 days, i.e. w.e.f. 30th March, 2025 to 13th April, 2025, on his furnishing personal bond to 3 ( 2025:HHC:8234 ) the tune of Rs. 2,00,000/- (Rupees two lacs) with two sureties in the like amount to the satisfaction of the learned trial Court. On furnishing the bail bonds by the petitioner, he be released on interim bail by taking on record his undertaking that he shall surrender himself before the Jail Superintendent concerned, i.e. Model Central Jail Kanda, District Shimla, H.P., on 14th April, 2025. It is made clear that the above interim bail has been granted to the petitioner on humanitarian grounds only. The bail is being granted subject to the following conditions:- “(i) That the petitioner will appear before the Court and the Investigating Officer whenever required; (ii) That he will 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 any facts to the Court or the police; (iii) That he will not tamper with the prosecution evidence nor he will try to win over the prosecution witnesses in any manner; (iv) That he will not leave the State of H.P. without prior permission of the Court. (v) That the petitioner shall mark his presence everday with the Station House Officer, Police Station Dhanotu and shall inform about his place of residence during the period of interim bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his 4 ( 2025:HHC:8234 ) Aadhar Card and Mobile Number to the Station House Officer, Police Station Dhanotu.” 6. It is clarified that the interim bail is being granted in the peculiar facts and circumstances of the case and will have no bearing on the merits of the case. 7. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner. ( Sushil Kukreja ) March 28, 2025 Judge (raman) Digitally signed by VIRENDER BAHADUR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3c5f9e29e91dda973d928ffd06d59832d2dd97b9e2 898117bfa738990a0ea7ba, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= fed3018c26866cd3d598cb3749b3fb29d4abef4b84 983689d027cb645c9bb134, CN=VIRENDER BAHADUR Reason: I am approving this document Location: Date: 2025.03.28 16:47:19+05'30' Foxit PDF Reader Version: 2023.2.0 VIRENDE R BAHADUR