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2025 Supreme(Online)(HP) 4429

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja, J
Abhishek Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. MP(M) No. 1496 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Harsh Sharol
For the Respondents: Mr. Ankush Thakur

Interim bail granted under specific conditions does not affect the merits of the case.

Headnote:The petitioner seeks interim bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for attending a family marriage. The court acknowledges the scheduled marriage and the absence of evidence suggesting the petitioner would abscond. The petition is allowed under specific conditions, emphasizing that this interim bail does not affect the case's merits.

i By way of the instant petition filed under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) the petitioner is seeking interim bail in case FIR No. 120/2023, dated 24.09.2023, registered at Police Station Palampur, District Kangra, H.P., under Sections 420 & 120B of Indian Penal Code and Section 5 of the Himachal Pradesh Protection of Interests of Depositors (in Financial

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

Establishments) Act, 1999 read with Section 21 & 23 of the Banning of Unregulated Deposit Schemes Act, 2019 . . 2. The petitioner is seeking interim bail on the ground that marriage ceremony of his sister-in-law is scheduled to be fixed on 11th July, 2025 at Village Jankhuni, P.O. Bagshar, Tehsil Karsog, District Mandi, H.P. and presence of the petitioner is immensely required for arrangements and Kanya Daan, as after the marriage of the petitioner, his sister- in-law remained with him and his wife at Mohali and completed her education. The petitioner and his wife took care of her as their own child and now his in-laws want that the ceremony of Kanya Daan should be performed by the petitioner.

3. Status report in the case was called from the respondent/State, wherein, it has been admitted that marriage ceremony of sister-in-law of the petitioner is scheduled to be fixed on 11.07.2025 at Village Jankhuni, P.O. Bagshar, Tehsil Karsog, District Mandi, H.P.. However, nothing has been mentioned in the status report that in the event of interim bail granted to the petitioner, he shall flee or abscond from justice.

4. Therefore, keeping in view the peculiar facts and circumstances of the present case and also the interest of justice, the instant petition is allowed and the petitioner is allowed to attend the marriage ceremony of his sister-.in-law w.e.f. 10.07.2025 to 14.07.2025, under police escort throughout the wedding, by taking on record his undertaking that he shall surrender himself before the Superintendent, District Jail Kaithu, Shimla, H.P., on 14.07.2025 at 5:00 P.M. The Superintendent of Police Shimla is directed to provide police escort to the petitioner throughout the wedding, who shall take him to the venue of the wedding at Karsog and shall bring him back to the District Jail Kaithu, Shimla, H.P.

5. 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.

6. Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authority, who shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.

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