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2012 DIGILAW 575 (HP)

Narender Sharma v. State of Himachal Pradesh

2012-09-17

KULDIP SINGH

body2012
Judgment Kuldip Singh, J. 1. This is an application, under section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 35/12 dated 12.3.2012, registered at Police Station, Kullu, Distt.Kullu, H.P. under sections 302, 201, 34 IPC. 2. It has been stated that petitioner has been roped in the above case falsely. He is innocent, there is no evidence to connect the petitioner with the commission of offence. The petitioner undertakes not to tamper with the prosecution evidence in any manner nor he will jump the bail, if enlarged on bail. The petitioner earlier filed bail application which has been dismissed by learned Sessions Judge, Kullu. The petitioner is ready to furnish bail bonds as per the directions of the court. The submission has been made for releasing the petitioner on bail. 3. The status report has been filed. It has been stated that case has been registered on the statement of Kewal Ram, under section 154 Cr.P.C. on 12.3.2012. The complainant has stated that on 12.3.2012 at about 9.00 a.m. Dimple r/o village Jiya telephonically informed him that at place Rajara Bansha Ulunaali a half burnt body was lying in stones in the jungle. He informed president of Gram Panchayat Jiya and at about 9.35 a.m. he informed the police station Kullu. He went to the spot with the police, many other persons reached the spot. The dead body could not be identified. The dead body appeared to be of some female. It appeared that some female was killed and in order to wipe out the evidence the dead body was burnt with tyres. On this case was registered. 4. The investigating agency during investigation made recoveries. The dead body was referred to Tanda for post mortem. Bal Krishan and Smt. Bhuvneshari during investigation identified the half burnt dead body of their daughter Anjali alias Anju. It has come in investigation that Anjali alias Anju had not returned home from school on 13.10.2011. She was seen in the end of November in taxi No. HP-01K-3297 of Kedar Nath alias Sanju Sharma. On the complaint of Bal Krishan at Police Station, Bhuntar, Meena Sharma sister of Kedar Nath brought Anjali in the police station. Thereafter Anjali was kept in child line. Meena Sharma met Anjali at that place also and Anjali fled from child line also. 5. On the complaint of Bal Krishan at Police Station, Bhuntar, Meena Sharma sister of Kedar Nath brought Anjali in the police station. Thereafter Anjali was kept in child line. Meena Sharma met Anjali at that place also and Anjali fled from child line also. 5. Anjali thereafter contacted her parents and grand father on telephone that she had performed marriage with Kedar Nath and was happy. It has come in investigation that till 5.3.2012 Kedar Nath and Anjali were talking each other on their mobile phones. Kedar Nath was arrested on 4.5.2012. 6. Kedar Nath during investigation disclosed the details of the murder of Anjali and thereafter destruction of dead body. Kedar Nath named Sunil Kumar and Narender Sharma for the commission of offence. Sunil Kumar was arrested on 9.5.2012 and Narender Sharma was arrested on 10.5.2012. It has come in investigation that Kedar Nath, Sunil Kumar on 5.3.2012 brought Anjali from Kullu in taxi HP-01K-2397 at about 8.30/ 9.00 p.m. at Jiya Anganwari Centre. Kedar Nath strangulated Anjali by putting cloth in her mouth. 7. Kedar Nath and Sunil Kumar put the dead body of Anjali in the vehicle and took the dead body near the quarter of Narender Sharma brother in law of Kedar Nath. Kedar Nath from there brought his brother in law Narender Sharma in the vehicle. The petrol was purchased at Hathi Than petrol pump. The three took two tyres lying outside the shop of tyre repairer and burnt the dead body of Anjali from where it was recovered. They left the half burnt dead body with the hope that wild animals would eat the left over body. 8. Kedar Nath made disclosure statement and recoveries were made. The doctor has given opinion that Anjali died due to strangulation and inserting cloth in her mouth. The date of birth of Anjali was 20.1.1997. Kedar Nath kept minor girl at unknown place for about five months and thereafter killed her and burnt her body with the help of Sunil Kumar and Narender Sharma. 9. Narender Sharma kept the deceased for five months as his wife, but he doubted her character. Anjali wanted to return to her parents. Kedar Nath thought that in case Anjali would return to her parents, they would lodge a case with the police. Kedar Nath decided to finish Anjali and ultimately killed Anjali. 9. Narender Sharma kept the deceased for five months as his wife, but he doubted her character. Anjali wanted to return to her parents. Kedar Nath thought that in case Anjali would return to her parents, they would lodge a case with the police. Kedar Nath decided to finish Anjali and ultimately killed Anjali. The dead body of Anjali was burnt by Kedar Nath with the help of Sunil Kumar and Narender Sharma. In the status report, it has been stated that Sunil Kumar and Narender Sharma have been booked for offences punishable, under sections 201, 34 IPC and Kedar Nath for offences punishable under sections 302, 201, 34 IPC. In case Narender Sharma is released on bail, he will influence the prosecution witnesses. The submission has been made for rejection of bail application. 10. Heard and perused the record. The petitioner has been booked under sections 201, 34 IPC. The prosecution case as per status report is that Kedar Nath strangulated Anjali by inserting cloth in her mouth. In order to wipe out the evidence he took the help of petitioner. There is no allegation that petitioner directly or indirectly helped Kedar Nath in strangulating the deceased. As per prosecution case, Kedar Nath came near to the house of petitioner alongwith dead body of Anjali and from there all of them went further to purchase petrol and on the way outside the shop of a tyre repairer took two old tyres and ultimately burnt the dead body of Anjali at the place from where the half burnt dead body was recovered. 11. The learned Addl. Advocate General has submitted that challan has been submitted on 26.7.2012. The petitioner is in custody since 10.5.2012. The allegations in the status report that petitioner will influence the prosecution witnesses in case he is released on bail, are vague without any corroborative material. It is not the case of the respondent that in case petitioner is released on bail, he will not be available for trial. It is not certain how much time the trial will take. In these circumstances, the petitioner has made out a case for grant of bail, under section 439 Cr.P.C. 12. In view of above, the petition is allowed and petitioner is ordered to be released on bail in FIR No. 35/12 dated 12.3.2012, registered at Police Station, Kullu, Distt. It is not certain how much time the trial will take. In these circumstances, the petitioner has made out a case for grant of bail, under section 439 Cr.P.C. 12. In view of above, the petition is allowed and petitioner is ordered to be released on bail in FIR No. 35/12 dated 12.3.2012, registered at Police Station, Kullu, Distt. Kullu, H.P. under sections 302, 201, 34 IPC, on his furnishing personal bond in the sum of `1,00,000/- with one surety of the like amount to the satisfaction of Chief Judicial Magistrate, Kullu with the conditions that petitioner shall not hamper the investigation and influence the prosecution witnesses in any manner. He shall not leave the country without the leave of the trial court. He shall maintain absolute peace and lawful conduct during the pendency of the case. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.