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Himachal Pradesh High Court · body

2009 DIGILAW 1357 (HP)

NIRMALA DEVI v. STATE OF H. P.

2009-12-28

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)-This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 282 dated 30.11.2009, registered at Police Station, Palampur for the offence punishable under Section 306 IPC. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that deceased Raj Kumari was married to the brother of the petitioner on 25.4.2002. The deceased and her husband were leading a happy married life. The petitioner was living with her brother and deceased sister-in-law as the petitioner was unmarried. On 30.11.2009 Raj Kumari committed suicide and a false case has been registered against her at Police Station, Palampur under Section 306 IPC. The petitioner has been arrested in that case and is in judicial custody. The petitioner has been falsely implicated in the case. The investigation in the case is over and nothing is to be recovered from the petitioner. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. The petitioner had filed bail application for releasing her on bail, which was assigned to learned Addl. Sessions Jude, Fast Track Court, Dharamshala, but her bail application was not taken up for some time due to non-availability of Presiding Officer. The petitioner in these circumstances has filed the present application. The learned counsel appearing on behalf of the petitioner has submitted that petitioner has withdrawn the bail application, which was pending before the learned Addl. Sessions Judge, Fast Track Court, Dharamshala. The learned counsel for the petitioner has prayed for grant of bail to the petitioner. 3. The learned Assistant Advocate General has opposed the bail application on the basis of status report. It has been submitted that statement of Vipin Kumar under Section 154 Cr.P.C. was recorded, who has stated that his sister Raj Kumari and Mohinder Singh were married on 25.4.2002, his brother-in-law was working as driver at Delhi. Raj Kumari with two children and her sister-in-law Nirmala Devi were living in the village. The brother-in-law was properly caring his sister, but Nirmala Devi ill-treated his sister. It has been alleged that due to ill-treatment of Nirmala Devi, Raj Kumari was compelled to commit suicide. On 30.11.2009 at about 2.00 p.m. Raj Kumari told him on telephone while weeping that Nirmala Devi ill treated her. The brother-in-law was properly caring his sister, but Nirmala Devi ill-treated his sister. It has been alleged that due to ill-treatment of Nirmala Devi, Raj Kumari was compelled to commit suicide. On 30.11.2009 at about 2.00 p.m. Raj Kumari told him on telephone while weeping that Nirmala Devi ill treated her. At about 5.00 or 5.15 p.m. Mohinder Singh informed on telephone that Raj Kumari had committed suicide by hanging. The learned Asstt. Advocate General has submitted that petitioner is not entitled to bail. 4. I have considered the rival submissions made by the learned counsel for the parties. It has been submitted on behalf of the respondent that investigation in the case is almost complete. The petitioner is in custody since 30.11.2009. It has not been pointed out from the record on behalf of the respondent that earlier to the date of occurrence any complaint was made by or on behalf of the deceased to any lawful authority regarding the alleged ill-treatment of Nirmala Devi. The trial of the case will take some time. The continuous detention of the petitioner is not necessary in the facts and circumstances of the case. The petitioner being woman is entitled to special consideration for grant of bail. 5. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C. Accordingly, the bail application is allowed and it is ordered that petitioner be released on bail in FIR No. 282 dated 30.11.2009, registered at Police Station, Palampur under Section 306 IPC, on her furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kangra at Dharamshala with the conditions that petitioner shall not hamper the investigation and tamper with the prosecution evidence in any manner. 6. Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case.