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2012 DIGILAW 835 (HP)

Bhima Devi v. State of Himachal Pradesh

2012-11-16

KULDIP SINGH

body2012
Judgment Kuldip Singh, J. This judgment shall dispose of Cr.MP(M) Nos. 1082 and 1083 of 2012 filed by Bhima Devi and Rinku Devi, respectively, under section 439 Cr.P.C. for releasing them on bail in FIR No. 35/12 dated 19.4.2012, registered at Police Station, Ani, District Kullu, H.P., under sections 302, 201, 120B IPC and 181 of M.V.Act. Cr.MP(M) No. 1082 of 2012. 2. It has been stated that petitioner is permanent resident of village Tanoda, Tehsil Ani. The case has been registered against the petitioner and six others. As per prosecution story, on 19.4.2012 complainant Smt. Amlu Devi lodged a report that on 15.4.2012 her husband Raj Kumar had gone to Taluna in order to attend a marriage function. It has been stated that Hukam Ram father-in-law of the complainant, Rakesh and petitioner had been quarreling with the deceased, the complainant expressed her doubt that said persons might have abducted the deceased. 3. The further case of the prosecution is that during investigation accused Rakesh, Ramesh Chand and Vikas Chaudhary made disclosure statements that on 16.4.2012 at about 8.30 p.m. they had murdered Raj Kumar at place Bhojupani near Baldhar. The accused Goldi had given rod blow on the head of the deceased, co-accused Ramesh Chand stabbed the deceased on his abdomen. The deceased was put in the car, which was driven by Rakesh Kumar. The dead body of Raj Kumar was thrown in Satluj river near Kalimitti (Kuhru). The names of petitioners do not find mention anywhere. 4. It has been stated that petitioners have been implicated in the case, under section 120B IPC only on the ground that petitioner and Rinku Devi knew that Raj Kumar had been murdered, but they did not disclose the said fact to the complainant, who is the wife of the deceased. 5. The petitioner is not connected with the commission of offence. The petitioner is innocent. She had filed bail application, which has been dismissed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr on 2.11.2012 on the ground that petitioner had entered into criminal conspiracy with co-accused by not disclosing that deceased had been murdered by co-accused and his dead-body was thrown into river Satluj. 6. The investigation in the case is complete. The challan has been submitted in the court and charge has already been framed against the petitioner. The case is now fixed on 3.12.2012 for prosecution evidence. 6. The investigation in the case is complete. The challan has been submitted in the court and charge has already been framed against the petitioner. The case is now fixed on 3.12.2012 for prosecution evidence. There are in all 40 witnesses to be examined, which will take considerable time. The petitioner is in custody since 20.4.2012. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. Cr.MP(M) NO. 1083 of 2012. 7. It has been stated that petitioner is resident of village Tanoda, Tehsil Ani. The petitioner earlier filed bail application, which has been dismissed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr on 2.11.2012. The remaining averments in the petition are more or less the same as submitted by the petitioner in Cr.MP(M) No. 1082 of 2012. The petitioner has prayed for releasing her on bail. 8. The status report has been filed in Cr.MP(M) No. 1082 of 2012. It has been stated that on 19.4.2012 Smt. Amlu Devi came to the police station alongwith her brother Narayan Dass and reported the matter. Initially, the case was registered under sections 364, 120B, 34 IPC and petitioners were arrested on 20.4.2012. Hukam Ram and Rakesh accused were arrested on 24.4.2012. The accused Rakesh made a disclosure statement and got recovered car from Kingal in which on 16.4.2012 the dead-body of Raj Kumar was carried up to Kalimitti and from there thrown into Satluj river alongwith rod the weapon of offence and mobile phone of Raj Kumar. The car was taken into possession and sections 302, 201 IPC were added. The accused Ramesh Chand and Vikas Chaudhary alias Goldi were arrested on 24.4.2012. The clothes which the accused were wearing at the time of commission of offence were recovered. It has come in the investigation that accused Ramesh had thrown the weapon of offence knife from Kandraur bridge in Satluj river. 9. The accused have disclosed that Hukam Ram, Bhima Devi, Rinku Devi and Rakesh hired Ramesh Chand, Vikas Chaudhary alias Goldi and Ranbir Singh on payment of Rs.60,000/- for killing Raj Kumar. Ranbir Singh was arrested on 1.5.2012. It has come in the investigation that accused Ramesh had thrown the weapon of offence knife from Kandraur bridge in Satluj river. 9. The accused have disclosed that Hukam Ram, Bhima Devi, Rinku Devi and Rakesh hired Ramesh Chand, Vikas Chaudhary alias Goldi and Ranbir Singh on payment of Rs.60,000/- for killing Raj Kumar. Ranbir Singh was arrested on 1.5.2012. Ranbir Singh made a disclosure statement and disclosed that at place Bhojupani on 16.4.2012, he alongwith Ramesh Chand and Vikas Chaudhary alias Goldi murdered Raj Kumar, put his body in the car, which was driven by Rakesh Kumar and the dead-body of Raj Kumar was thrown in Satluj river near place Kalimitti. 10. On 6.5.2012 at place Patakhra Sunni road the dead-body of Raj Kumar was found in river Satluj. The post-mortem on the dead body of Raj Kumar was got conducted by a team of doctors. There are seven accused, namely Hukam Ram, Ramesh Chand, Vikas Chaudhary alias Goldi, Ranbir Singh, Rakesh Kumar, Bhima Devi and Rinku Devi and all are in judicial custody. The doctors have given final opinion that deceased died as a result of ante-mortem cut throat injury in all probabilities in a case where blood alcohol concentration is 159.59mg %. As per call details of mobile of Ramesh Chand, Ranbir, Vikas Chaudhary alias Goldi, on 15 and 16.4.2012 were found in the Illaqua and they talked to Bhima Devi on mobile phone on 16.4.2012. It has been stated that challan has been submitted in the court on 14.7.2012. The submission has been made for rejection of bail applications. 11. Heard and perused the record. The allegations against the petitioners are that in conspiracy with other accused they killed Raj Kumar. The prosecution case is that Ramesh Chand, Vikas Chaudhary alias Goldi and Ranbir Singh were hired by other accused on payment of Rs.60,000/- to kill Raj Kumar. The allegations against the petitioners are of conspiracy and in order to connect the petitioners with the conspiracy, the prosecution is relying on mobile phone talks of Ramesh Chand, Vikas Chaudhary alias Goldi and Ranbir Singh with Bhima Devi on 16.4.2012 night. 12. The prosecution case is that Raj Kumar was murdered at place Bhojupani on 16.4.2012 and thereafter his dead body was carried in a car and thrown into Satluj river at place Kalimitti. 12. The prosecution case is that Raj Kumar was murdered at place Bhojupani on 16.4.2012 and thereafter his dead body was carried in a car and thrown into Satluj river at place Kalimitti. The dead body of Raj Kumar was recovered on 6.5.2012 at place Patakhra, Sunni road from Satluj river. The doctors have given final opinion that deceased died as a result of ante-mortem cut throat injuries. In the status report allegations against Bhima Devi of conspiracy are on the basis of mobile phone talks, but in so far as Rinku Devi is concerned, there is general allegation of conspiracy of her with other accused for killing Raj Kumar. It has been submitted by learned counsel for the petitioners that Rinku Devi is the daughter of Bhima Devi, and, therefore, the investigating agency is assuming too much and implicated Rinku Devi in the case. The prosecution has shown no apprehension that in the event of bail Rinku Devi would not be available for trial. In the facts and circumstances of the case, Rinku Devi has made out a case for grant of bail under section 439 Cr.P.C. 13. In view of above, Cr.MP(M) No. 1082 of 2012 filed by Bhima Devi is dismissed and Cr.MP(M) No. 1083 of 2012 filed by Rinku Devi is allowed and she is ordered to be released on bail in FIR No.35/12 dated 19.4.2012, registered at Police Station, Ani, District Kullu, H.P., under sections 302, 201, 120B IPC and 181 of M.V. Act, on her furnishing personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of any Judicial Magistrate Ist Class at Anni/ Rampur Bushahr, with the conditions that petitioner Rinku Devi shall not overawe and terrorise the prosecution witnesses in any manner and she shall maintain absolute peace and lawful conduct during the pendency of the case. She shall not leave the country without the permission of the trial court. 14. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.