1 2025:HHC:1293-DB IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No. 2963 of 2024 Date of Decision: January 7, 2025 Khimi Ram @ Keablu …Petitioner. Presently lodged in Model Central Jail, Kanda, Shimla, H.P. Versus State of Himachal Pradesh ..Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner: Mr.N.K. Thakur, Senior Advocate, alongwith M/s Divya Raj Singh and Karan Veer Singh, Advocates. For the Respondent: Mr.Varun Chandel, Additional Advocate General. Vivek Singh Thakur, J (Oral). Petitioner has approached this Court, invoking provisions of Section 483 Bhartiya Nagarik Suraksha Sanhita (in short ‘BNSS’), 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. Status report stands filed, wherein facts and circumstances have been narrated in detail, indicating the role and manner in which offence was committed. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:1293-DB 3. It has been further submitted that petitioner being an under-trial prisoner is not entitled for parole or any other kind of right for his temporary release and, therefore, there is no option except to file the present petition for interim bail. 4. Prayer for six weeks interim bail has been made mainly on the ground that petitioner is facing action by Kangra Central Cooperative Bank for non payment of loan as per schedule and the account of the petitioner has been declared as Non-Performing Asset (NPA) and in arbitration proceedings petitioner was proceeded ex parte in July 2024 before the Arbitrator and, thereafter, in November 2024 Bank has informed the petitioner about launching of One Time Settlement (OTS) Scheme named “The Kangra Central Co-operative Bank Limited OTS Scheme-2024 for Resolution of NPA Loan Accounts.” 5. To substantiate plea of the petitioner, communication dated 16.11.2024 addressed to the petitioner as well as his wife, sent by the Bank, has been placed on record. 6. It has been submitted on behalf of the petitioner that for arranging funds, petitioner intends to sell some land, and though General Power of Attorney (GPA) has been executed by the petitioner in favour of his wife to deal with day-to-day matters, however, as of now, because of ailment and small children, his wife is not able to manage affairs in short span available with the petitioner to save his house from auction and in case his house is auctioned, then his ailing wife and minor children would be on road. 3 2025:HHC:1293-DB 7. It has further been submitted that petitioner was enlarged on interim bail on previous occasions vide order dated 20.10.2023 passed in Cr.M.P.(M) No.2225 of 2023 (Annexure P-3) and dated 31.05.2024 passed in Cr.M.P.(M) No. 1076 of 2024 (Annexure P-4), and at that time also, petitioner had strictly abide by the terms and conditions imposed upon him and did not involve in any unlawful act and had also surrendered well in time granted by the Court. Therefore, prayer has been made to enlarge the petitioner on interim bail for 6 weeks. Prescription slip of the ailing wife of petitioner has also been placed on record. 8. Learned counsel for the petitioner has also placed on record Agreement to Sell land executed by wife of the petitioner on behalf of the petitioner with one Nishant Thakur, resident of Kullu for arranging funds to clear the loan account of the petitioner as well as his wife. 9. It has further been submitted that in case interim bail is not granted, at this stage, petitioner would be ruined and he would suffer irreparable loss and further that during his enlargement on interim bail, he would attend the Court as and when directed and required to do so. 10. It has also been submitted by learned counsel for petitioner that for any violation of condition imposed by Court, it will be the petitioner who will suffer and further that petitioner undertakes not to do any act directly or indirectly in 4 2025:HHC:1293-DB contravention of conditions imposed by Court at the time of enlarging him on temporary bail. 11. Taking into consideration the entire material placed before me and the verification report submitted by respondent- State, petitioner is directed to be released on interim bail till 15.02.2025 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 15.02.2025 at or before 2.00 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. 12. 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 15.02.2025 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 15.02.2025; (ii) That petitioner shall not visit anywhere except the places where his presence is required for the purpose narrated supra; 5 2025:HHC:1293-DB (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 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. 13. 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 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. 6 2025:HHC:1293-DB 14. SHO Police Station Kullu, District Kullu H.P. is also directed to verify the fact of surrender by petitioner on 15.02.2025 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law. 15. 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. 16. 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. 17. 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. 18. The petition stands disposed of in the aforesaid terms. 19. Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/Magistrate, and the said Court shall not insist for production of a certified copy but if required, may verify it from Website of the High Court. (Vivek Singh Thakur), Judge. January 7, 2025 (Purohit) Digitally signed by SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=3418061207364d8c002725dfc58ff116f678 c3d39289db29b992cce875905119, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=5ce240fac0e1267843f2950968 3d09a9912af10edc4e6cd2ed5d4a8c30134c1b, CN=SUBHASH CHAND DHIMAN Reason: I am the author of this document Location: Date: 2025-01-07 17:04:27 SUBHASH CHAND DHIMAN