Himachal Pradesh High Court

Lakhwinder Singh @ Lucki vs State Of Hp on 20 February, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.MP(M) No.184 of 2024 Decided on: 20th February, 2024 ___________________________________________________________

    Lakhwinder Singh @ Lucki                    .......Petitioner





                                              Versus
    State of HP                                                         ......Respondent





    Coram

Hon'ble Mr. Justice Ranjan Sharma, Vacation Judge

1 Whether approved for reporting?

For the petitioner: Mr. Karan Kapoor and Mr. Mahesh Thakur, Advocates.

For the respondent: Ms. Priyanka Chauhan, Deputy

Advocate General.

HC/IO Jatender Singh, No.40, Police Station, Manpura, Tehsil Baddi,

District Solan, present in person.

Ranjan Sharma, Vacation Judge (Oral)

This is an application for post-arrest bail,

under Section of the Code of Criminal Procedure,

originating from FIR No.150 of 2022, under Sections 302,

34 of the Indian Penal Code and Sections 27, 54 and 59

of the Arms Act, registered with Police Station, Manpura,

Solan, District Solan [H.P.].

Whether reporters of Local Papers may be allowed to see the judgment?

2. In pursuance to FIR dated 27.10.2022,

referred to above, the bail petitioner is in judicial

custody, at Model Jail, Kanda, District Shimla, w.e.f.

28.10.2022.

3. By way of the instant application, the bail

petitioner [Lakhwinder Singh @ Lucki, has approached

this Court for interim bail on account of marriage of his

sister [Nikita], which is scheduled on 24th & 25th

February, 2024, at their residence in VPO Bhud, Tehsil

Baddi, District Solan [H.P.]. In view of the marriage of

his sister, the bail petitioner has prayed for grant of

interim bail for the period of fifteen days, to enable him

at attend the marriage of his sister and to make

necessary arrangements.

4. This Court issued notice on the bail

application on 08.02.2024, directing the respondent to

file status report. On 12.02.2024, the status report was

filed on the instructions of Station House Officer, Police

Station, Manpura, Tehsil Baddi, District Solan [H.P.],

indicating the factual position. In view of the status

report so filed, the Learned State Counsel had prayed for

some time to furnish the latest status report, indicating

as to whether any person, including the family members

or the local residents, have any objection to the release of

the petitioner on interim bail.

5. In compliance to the orders passed by this

Court on 12.02.2024, fresh status report dated

19.02.2024 [taken on record] has been filed, whereby,

the factual aspects, leading to the alleged offence have

been detailed. It is also admitted in the status report

that the bail petitioner is twenty-six years of age and the

marriage of the petitioner's sister is fixed as per wedding

card. However, the status report indicates that Raghubir

and Diwan Chand [who are stated to be neighbourers] of

the bail petitioner, had objected to the grant of interim

bail to the petitioner. Notably, even the father of the

deceased has objected to the grant of bail on the ground

that after the alleged incident, the entire family has

suffered mental agony and, therefore, the bail petitioner

be not released.

6. Faced with this situation, Mr. Karan Kapoor,

learned counsel for the petitioner, submits that the

objections submitted by the aforesaid neighbourers,

including the father of the deceased, referred to above, is

without any factual basis. Even the statement made by

the father objecting to the grant of bail is on account of

mental agony suffered as a result of alleged offence.

However, the learned counsel for the bail petitioner,

submits that house of the bail petitioner [Lakhwinder

Singh @ Lucki] as well as the place of residence of the

neighbourers and the deceased referred to above, is at a

distance of 5-7 Kms.

7. Learned counsel for the bail petitioner further

submits that one of the co-accused, namely, Amandeep

Singh, had also moved this Court in Cr.MP(M) No.

160 of 2024, seeking interim bail on account of marriage

of his brother and the Co-ordinate Bench of this Court

had granted the interim bail to the aforesaid co-accused

on 24.01.2024.

8. Keeping in view the entirety of the facts

and circumstances referred to above, this Court is

inclined to grant interim bail to the petitioner, so as to

enable him to participate in the wedding of his sister as

per wedding card. The apprehension of the neighbourers

and the father of the deceased, can be adequately

safeguarded, by prescribing stringent bail conditions.

Notably, the bail petitioner being the only brother of

Nikita [who is to get married as per the wedding card],

has to participate in the wedding functions, as per Hindu

rituals and he is required to make arrangements for

marriage etc. alongwith other family members.

9. Accordingly, this Court is inclined to grant

interim bail to the petitioner, for a period of seven days,

from 21.02.2024 to 27.02.2024, subject to the following

conditions:-

(i) The petitioner shall furnish a personal bond in the sum of Rs.2,00,000/-

[Rupees Two Lacs] with one surety in the like amount to the satisfaction of the learned Trial Court or any Sessions Judge/Additional Sessions Judge having

jurisdiction over the concerned Police Station;

(ii) The petitioner shall disclose his functional E-Mail IDs/Whatsapp number and that of his surety to the Jail Authorities concerned;


        (iii)
           r          to

The petitioner shall not jump over the bail and also shall not leave the State of Himachal Pradesh without prior information

of the Court;

(iv) The petitioner shall not tamper with the witnesses or the evidence in any manner;

(v) The petitioner shall not directly or indirectly

make any inducement, threat or promise to any person acquainted with the facts of the

case or the witnesses;

(vi) The petitioner shall neither involve himself nor shall be abet the commission of any offence. The involvement or abetting in any offence, shall entail cancellation of pre-arrest bail, automatically;

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about his place of residence during bail. Any change in the same shall also be

communicated promptly. The petitioner

furnish details of his Aadhar Card, Telephone Number, Mobile Number, E-mail

address,, PAN Card, Ban Account Number, if any, to the concerned Station House Officer;

(viii) The petitioner shall report at Police Station, Manpura, Tehsil Baddi, District Solan [H.P.], every alternate day at 11:00 a.m. r during the interim bail period.

(ix) The petitioner shall surrender before the concerned Jail Authorities on or before

27.02.2024 by 04:00 p.m.

(x) It is clarified that violation of any of the

conditions imposed hereinabove shall entail

cancellation of bail automatically; and

(xi) The respondents are at liberty to move this

Court for modification or cancellation of bail, if circumstances, so necessitate or in case of violation of any of the conditions mandated herein.

10. The petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

11. A copy of this order be sent to the Superintendent,

Model, Central Jail, Kanda, District Shimla [H.P.]