JUDGMENT : Ranjan Sharma, J. Petitioner has come up before this Court under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short “BNSS”) for grant of interim/ temporary bail in connection with FIR No.22/2024 registered vide dated 07.02.2024 at Police Station, Paonta Sahib, District Sirmour, H.P. under Sections 363, 376 of the Indian Penal Code and Sections 4 and6 of the POCSO Act, 2012. 2. Instant application, for interim/temporary bail has been filed on the ground that petitioner is in custody since 07.02.2024 and he had filed an application for regular bail i.e. Cr.MP(M) No.460/2024, in Re: Rohit Vs. State of Himachal Pradesh which was dismissed by Coordinate Bench of this Court on 02.07.2024 [Annexure P-1. After dismissal of earlier bail application, the Second Bail application i.e. Cr.MP(M) No.2554/2024 which was also dismissed by Coordinate Bench of this Court on 29.11.2024 [Annexure P-2]. After dismissal of second bail application on 29.11.2024, the petitioner filed an appeal before the Hon’ble Supreme Court of India in Petition for Special Leave to Appeal (Crl.) No.427/2025 [Annexure P-4], on which notice was issued for 17.01.2025 and the claim for regular bail is pending adjudication. During pendency of regular bail application before the Hon’ble Supreme Court, the petitioner had filed Third Bail application i.e. Cr.MP(M) No.191/2025, for interim bail but the same was withdrawn on 31.01.2025 [Annexure P-5]. 3. In above background, the instant application for interim/temporary bail has been filed, on the ground, that the marriage of petitioner’s sister, namely Neelam is scheduled for 13.02.2025 as per the Marriage Invitation Card [Annexure P-3] annexed with the bail petition. Invitation card placed on record reveals that pre and post marriage ceremonies of his sister’s marriage, will commence from 09.02.2025 till14.02.2025. 4 . In instant petition for interim-temporary bail, notice was issued by Coordinate Bench of this Court, on 03.02.2025 with directions to Respondents to file Status Report. Matter was then listed on 07.02.2025 when on the request of Learned State Counsel, the matter was adjourned, so as to enable the State to verify the factum of marriage of petitioner’s sister as detailed in Marriage Invitation Card. 5. Pursuant to the directions passed by this Court on 07.02.2025, the Learned State Counsel has furnished the Status Report dated 10.02.2025 [Taken on Record], on instructions of Station House Officer, Police Station, Paonta Sahib.
5. Pursuant to the directions passed by this Court on 07.02.2025, the Learned State Counsel has furnished the Status Report dated 10.02.2025 [Taken on Record], on instructions of Station House Officer, Police Station, Paonta Sahib. Perusal of the Status Report, admits that the marriage details of marriage ceremony of the petitioner’s sister, commenced on09.02.2025 and were to continue till 13.02.2025. 6. Taking into account the entirety of the facts and circumstances and the material on record, this Court is of the considered view, that the alleged involvement of petitioner cannot be a ground to deprive the petitioner of interim bail, so as to enable him to participate in the marriage ceremony of his sister by making efforts towards revival or restoration of social ties, as in instant case. Moreover, the object of bail is reformative in nature. Denial of bail cannot be preventative nor punitive. The object of bail is to secure the presence of accused in Investigation and the trial.In these circumstances, the petitioner has carved out a case for grant of Interim Bail, to the petitioner [Rohit Kumar] only, to enable him to participate in his sister’s marriage ceremony w.e.f. 11.02.2025 till 15.02.2025, subject to the observance of the following conditions: (i) Respondent-State Authorities shall release bail petitioner [Rohit] on Interim Bail, on furnishing personal bond of Rs.75,000/- {Rs. Seventy Five Thousand} with one surety of the like amount to the satisfaction of Learned Trial Court, concerned; (ii) During interim release [as in (i) above], the petitioner shall abide by all or any other condition(s), which may be imposed by Learned Trial Court concerned, in view of this order; (iii) During Interim Bail, the 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; (iv) Petitioner shall disclose his functional E-Mail IDs/ WhatsApp number and that of his surety to the Investigating Officer; (v) Petitioner shall not jump over the bail and shall not leave the country without the prior information of the Court; (vi) Petitioner shall not tamper with the evidence in any manner; (vii) Petitioner shall not cause any inducement, threat or promise {directly or indirectly} to witnesses of any other person acquainted with the case; (viii) State Authorities are free to move this Court for seeking alteration/modification of any condition(s) contained in this order or any condition imposed by Learned Trial Court concerned, as a sequel to this order, if fact situation or circumstances so necessitate, at any time herein-after; (ix) State Authorities are free to move this Court for seeking cancellation of bail, in case, the petitioner violates any conditions contained in this order; (x) Petitioner shall surrender before the Superintendent, Model Central Jail, Nahan on 15.02.2025, before 03.30 p.m.; (xi) Failure to surrender as in Condition No.(x) supra, shall entitle the State Authorities-Police to take consequential action, against the petitioner. 7. Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy, but if required, may verify about the passing of this order from the Website of this Court. In aforesaid terms, the instant petition and all pending application(s), if any, shall stand disposed of.