Interim bail can be granted to an under-trial for fulfilling family obligations, provided stringent conditions are imposed to ensure public safety and prevent misuse.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Chiranji Lal], who is in custody since 28.01.2024, has come up before this Court under Section 483 of BNSS, seeking interim bail originating from FIR No.22 of 2024 dated 28.01.2024 registered under Section 21 and 29 of NDPS Act at Police Station Sadar, District Mandi.

2. Precisely the case is that the petitioner was driving a car bearing Registration No.HP76-2450 along with Rajmal from Padhar towards Mandi. The police raiding party intercepted. Upon search, heroine weighing 288 grams was recovered from the dickey of the said vehicle. Consequently, after completing all codal formalities, both the accused including the petitioner were arrested on 28.01.2024.

3. Now, in instant petition, it is the case of petitioner that his real brother, namely, Vikash, has passed away on 10.04.2025 and petitioner is the only male member in the family, as his father has also expired and therefore, the bail petitioner [Chiranji Lal] has to perform the post death rituals of his deceased brother, which are scheduled for 27.04.2025, as per the certificate furnished by Up- Pradhan, Gram Panchayat Urla, Tehsil Darang at Padar, District Mandi. It is in this background that the prayer for interim release for six weeks has been prayed for by bail petitioner.

4. Pursuant to issuance of notice on 22.04.2025, the State Authorities have furnished the Status Report [undated] on the Instructions of SHO, Police Station Sadar, District Mandi [as received by Learned State Counsel through WhatsApp].

4(i). Perusal of the Status Report indicates that the State Authorities have verified the factum of death of real brother, namely, Vikash, who is stated to have passed away in the evening on 09.04.2025. Status Report further admits that Bhram Bhog Ceremony of his deceased brother is scheduled for 27.04.2025. The only apprehension expressed by State Authorities is that bail petitioner [Chiranji Lal] should be allowed to meet his family only for a short period of time, so that he does not get involved with other individuals or in any criminal activity in the area and does not threaten the witnesses. Status report further indicates that, in case the bail petitioner is released for longer period, then, there may be a possibility that he may abscond or escape the legal process or threaten witnesses etc.

5. Taking into account the entirety of facts and circumstances, this Court is of the considered view, that in case, the exigencies arise, an under- trial, alike the bail petitioner, deserves to be enlarged on bail, so as to enable him to perform the post death rituals which are scheduled for 27.04.2025 as in this case. Permitting the bail petitioner to be released on interim/temporary bail, is a step towards reformative action, so as to enable him to discharge the family obligation(s) as in this case. Denial of bail shall certainly tend to demotivate the petitioner, so as to become a useful person, not only for himself but for his family and society.

6. In these circumstances, the prayer of petitioner for interim bail is granted, for a shorter duration, subject to the following conditions :-

(i) Petitioner shall be released on Interim Bail from 25.04.2025 till 02.05.2025 on furnishing a Personal Bond in the sum of Rs.75,000/- [Rupees Fifteen Thousand], with one surety, in the like amount, to the satisfaction of Trial Court concerned;

(ii) Failure to surrender on 03.05.2025 before 3:00 PM shall entail action, hereafter;

(iii) Petitioner shall abide by all or any other condition(s), which may be imposed by the Learned Trial Court, in view of this order;

(iv) Petitioner shall neither involve himself nor shall abet the commission of any offence hereinafter. Involvement in any offence whatsoever or abetting thereof shall entail automatic cancellation of bail granted in terms of this order;

(v) Petitioner shall disclose his functional E-mail IDs/WhatsApp number and that of his surety to the Learned Trial Court.

(vi) During interim release, the petit