2025:HHC:31465 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 2102 of 2025 Date of decision: 12.09.2025 Khimi Ram @ Keablu …Petitioner (Presently lodged at Model Central Jail, Kanda) Versus State of H. P. …Respondent Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? For the Petitioner: Mr. N. K. Thakur, Sr. Advocate with Mr. Divya Raj Singh, Advocate. For the Respondent: Mr. Manoj Chauhan, Addl. A.G. Vivek Singh Thakur, Judge Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), for enlarging him on interim bail in case FIR No.239 of 2021, dated 26.08.2021, registered in Police Station Kullu, District Kullu, H.P., under Sections 302, 307, 323, 326, 201, 147, 148, 149, 440, 354, 354-B and 109 read with Section 34 of the Indian Penal Code, Section 24 of Arms Act and Sections 3(1)(r), (s),(w) & 3(2)(va) of Schedule Castes and Schedule Tribes (prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC & ST Act’). 2 2025:HHC:31465 2. Status report stands filed, wherein facts and circumstances have been narrated, in detail, indicating the role and manner in which offence was committed. 3. Present petition has been preferred on behalf of petitioner for enlarging him on interim bail on the ground that his wife is suffering from ailment and petitioner intends to make arrangement for her treatment as well as for looking after his minor children. 4. To substantiate the plea, prescription of Shri Lal Bahadur Shastri Government Medical College & Hospital, Mandi at Ner Chowk has been placed on record alongwith the status report from Senior Medical Superintendent, SLBS GMCH, Mandi regarding health status of the wife of petitioner, which indicate that there is some neurological problem to the wife of the petitioner. Copy of certificate issued by concerned Gram Panchayat has also been placed on record. It has been submitted by learned counsel for the petitioner that petition is having nuclear family and his parents are living separately and, therefore, at least two weeks time is required to the petitioner for settling his wife for her treatment so as to streamline the treatment of his wife. 5. Admittedly, parents of petitioner are alive and his brothers are also there, though living separately, therefore, petitioner has to make permanent arrangement for his family 3 2025:HHC:31465 either through his parents or through his brother or their family, however, for this, time to make such arrangement, petitioner may be enlarged on temporary bail, as being under-trial prisoner he is not entitled for parole or any other kind of temporary release and he is behind bars since about last more than 4 years. 6. It has been submitted by learned counsel for the petitioner that on earlier occasion also when petitioner was enlarged on temporary bail vide order dated 20.10.2023 and 31.05.2024, keeping in view the necessity of his temporary release, he had surrendered well within time and during this period he had not tried to threaten or dissuade the witnesses and there is no adverse report against him during that enlargement on temporary basis. 7. Learned Additional Advocate General has opposed release on the ground that treatment of the wife of the petitioner is not going to be over within the period of temporary release of the petitioner and, therefore, petitioner has to make permanent arrangement for his family, but it does not entitle him for enlarging him on interim bail. 8. Taking into consideration the entire material on record and facts and circumstance with rider that for this purpose petitioner shall not be entitled for interim bail in future, petitioner is directed to be released on temporary bail till 4 2025:HHC:31465 30.09.2025, subject to his furnishing personal bond in the sum of Rs.2 lacs with one surety in the like amount to the satisfaction of the Trial Court/Magistrate, undertaking therein that petitioner shall surrender, on 30.09.2025 at or before 2 P.M. before the concerned Jail Superintendent/Incharge of the jail, wherefrom he shall be released failing which, appropriate action against him and his surety shall be initiated. 9. 9. During interim bail, petitioner shall abide by further conditions as may be deemed fit and proper by the Trial Court/Magistrate, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time of trial:- (i) That the petitioner is enlarged on interim bail till 30.09.2025 on furnishing and acceptance of bail bonds with direction to him to surrender before concerned Jail Superintendent/Incharge, wherefrom he is released, at or before 2:00 P.M. on 30.09.2025; (ii) That petitioner shall not visit anywhere except the places where his presence is required for the purpose narrated supra; (iii) that 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 5 2025:HHC:31465 evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iv) that the petitioner shall not obstruct the smooth progress of the investigation/trial; (v) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (vi) that the petitioner shall not misuse his liberty in any manner; (vii) that the petitioner shall not jump over the bail; and (viii) he shall keep on informing change of address or place of stay, if any, to the concerned Police Station. 10. 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, enlarged on interim bail, 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. 11. SHO Police Station Kullu, District Kullu H.P. is also directed to verify the fact of surrender by petitioner on 6 2025:HHC:31465 30.09.2025 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law. 12. In case the petitioner violates any conditions imposed upon him, his 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. 13. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. 14. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. The petition stands disposed of in the aforesaid terms. (Vivek Singh Thakur) Judge 12th September 2025 (sanjeev) Digitally signed by SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=3418061207364d8c002725dfc58ff116f6 78c3d39289db29b992cce875905119, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=5ce240fac0e1267843f29509 683d09a9912af10edc4e6cd2ed5d4a8c30134c1 b, CN=SUBHASH CHAND DHIMAN Reason: I am the author of this document Location: your signing location here Date: 2025.09.12 17:18:55+05'30' Foxit PhantomPDF Version: 10.1.1 SUBHASH CHAND DHIMAN