IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Date of decision: 25 .11 .202 5 Vijay Kumar (Presently in Judicial lock-up in MC Jail Kanda, District Shimla, H.P.). ….Petitioner.

Versus State of H.P. ….Respondent.

Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?

For the Petitioner : Mr.Ashok Kumar, Advocate.

For the Respondent : Mr.Raj Negi, Deputy Advocate General.

Vivek Singh Thakur, Judge Petitioner has approached this Court under Section 483 Bhartiya Nagarik Suraksha Sanhita 2023 (in short ‘BNSS’) seeking bail in case FIR No. 239 of 2021, dated 26.8.2021, registered in Police Station Kullu, District Kullu, Himachal Pradesh, under Sections 302, 307, 323, 325, 326, 201, 147, 148, 149, 440, 354, 354-B, 109 and 34 of the Indian Penal Code (for short ‘IPC’), Section 25 of Arms Act and Sections 3(1)(r), (s), (w) & 3 (2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as SC&ST Act).

1Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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 for one month on the ground for assisting and helping her mother for treatment of her knees.

4. It has been submitted by learned counsel for the petitioner that though in relief clause prayer has been made to grant bail to the petitioner, but as clarified in later portion of prayer, that present petition has been filed for enlargement of the petitioner on interim bail for a period of one month to enable the petitioner to make arrangement of medical treatment/surgery of his mother, who is suffering ailment on account of knee problem.

5. Petition has been filed through Anjali, who is married sister of petitioner. To substantiate the plea regarding ailment and treatment of mother of the petitioner (Smt. Kanta aged 53 years), medical treatment slips, record of MRI study and Ultrasound Report of left knee joint and copy of family register, have been placed on record.

6. It has been contended that though petitioner is having a brother and sister, but mother of the petitioner has been residing with the petitioner and family of other son (brother of petitioner) is not in good terms with mother of the petitioner, whereas sister Anjali is married and she has also to look after affairs of family of her in-laws and, therefore, it is only petitioner, who is available to make arrangement for treatment of his mother.

7. Alongwith status report, certificate issued by Up-Pradhan of Gram Panchyat, Grahan, statements of Mohinder Singh Ward Member of Gram Panchyat, Kanta Devi (mother of petitioner), Anjali (sister of petitioner), Raj Kumar (neighbor of petitioner), Khimi Ram (co-villager of petitioner), out patient card of Kanta of Regional Hospital Kullu, MRI Study of left knee joint of Kanta, Ultrasound of left knee of Kanta, copy of parivar register of Kanta, have been placed on record, which substantiates the plea taken in the petition.

8. Learned counsel for the petitioner has referred following observations of Ultrasound left knee of Kanta and MRI study of left knee of Kanga, which read as under:-

“Ultrasound Left Knee There is evidence of mild knee joint effusion with fluid extending to suprapatellar recess. Fluid appears clear.

Similar joint effusion is also noted in left knee joint.

Mild irregularity is noted along the medial and lateral aspect of tibla and femur-possibly osteophytes.

…… ….. …..

Impression:-

• Bilateral mild knee joint effusion • Cortical irregularity along long bones-possibly osteophytes-

Adv.Xray correlation.”

MRI Study of Left Knee Join t OBSERVATION:

• Moderate fluid is seen in the suprapatellar recess extending into the joint space.

• There is heterogeneous signal intensity is seen in the ACL with discontinuity of the fibres with buckling