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Himachal Pradesh High Court · body

2013 DIGILAW 510 (HP)

RAJIV KUMAR v. STATE OF HIMACHAL PRADESH

2013-06-10

SURINDER SINGH

body2013
JUDGMENT SURINDER SINGH, J. 1. THE petitioner was arrested for the offence punishable under Section 306 of the Indian Penal Code, registered in Police Station Sadar, Hamirpur. The police had arrested the petitioner on 20.4.2013. Now, he is in judicial custody. The courts below denied bail, as such, the present application under Section 439 of the Code of Criminal Procedure for enlargement on bail. 2. HEARD and gone through the objections filed by the respondent-State. The bail is objected to on the ground that the report with respect to the SMS, which is alleged to have been sent from the mobile number of the petitioner, has been sent for forensic examination to Chandigarh, the report is still awaited. Precisely, the case of the prosecution, is that the petitioner and deceased both were friends. Marriage of the deceased was settled somewhere else. It is alleged that on 4.4.2013, an objectionable massage was transmitted through mobile No. 09988 447603 of the petitioner to the would be father-in-law of the deceased to the effect that "JIS LADKI SE AAP APNE BETE KA RISHTA KARNE JA RAHE HO WO LADKI ACHI NHI HAI OR US LADKI KI ATTACHMENT KISI AUR LADKE KE SATH HAI". On 5.4.2013, report was lodged by the father of the deceased. Police did not take any action. Thereafter, on 16.4.2013, a call was received in the house of the complainant from mobile number 98577-30287, which was attended by the deceased. On 17.4.2013, the deceased was found hanging on a tree near Mundkhar. 3. ON 18.4.2013, in the evening, when the said phone number was being contacted, the response was that, number did not exist. But after some time, a call was received on mobile number 98174 50839 from the same mobile which earlier responded that it did not exist. Rajiv Kumar, the petitioner informed that he was serving in the Police Department in Hamirpur. The case of the complainant is that Rajiv Kumar aforesaid used to harass his deceased daughter and was responsible for her death. 4. DURING the investigation, it came to the notice of the police that the sim card No. 96252 05820 was in the name of the petitioner, but was being used by the deceased, as both were having good relations being friends. 4. DURING the investigation, it came to the notice of the police that the sim card No. 96252 05820 was in the name of the petitioner, but was being used by the deceased, as both were having good relations being friends. It is alleged that since the said phone number was being used by the deceased and she might not have been interested in the marriage, where it was settled, thus this offensive message was transmitted by the deceased herself to break engagement. The mobile number, though which this message was transmitted, was not traceable, whereas the prosecution alleged that the deceased committed suicide because the petitioner had refused to marry her. Be that as it may, because any further discussion may hamper the investigation and cause prejudice to any of the parties. The petitioner being a local resident of District Kangra and no recovery is to be effect from him. He has been in custody from the time of his arrest. Only the report of the forensic examination qua the SMS is awaited. 5. FURTHER , according to the learned Additional Advocate General, statement of Shri Har Dutt remains to be recorded because the petitioner has also used the mobile No. 98577 30287 several times. His statement was not recorded as he was not available at his home. 6. KEEPING in view the entire facts of the case and the stage of investigation, the petitioner is ordered to be enlarged on bail on his entering into the bail bonds in the sum of Rs. 25,000/- with a surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Hamirpur. This bail shall be subject to the condition that the petitioner shall make himself available to the police, as and when required. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the case so as to suppress him disclosing this fact to the Court or to the Police Officer or temper with the evidence, in any manner. Needless to say, that if the petitioner commits the breach of any of the conditions aforesaid, the liberty of appeal shall be cancelled. 7. ANY observations made hereinabove, shall not affect the merits of the case, in any manner. 8. LET a copy of this order be sent to the Chief Judicial Magistrate, aforesaid for information and necessary action. Needless to say, that if the petitioner commits the breach of any of the conditions aforesaid, the liberty of appeal shall be cancelled. 7. ANY observations made hereinabove, shall not affect the merits of the case, in any manner. 8. LET a copy of this order be sent to the Chief Judicial Magistrate, aforesaid for information and necessary action. In addition, an attested copy be also supplied to the learned Counsel for the petitioner. 9. WITH these directions, the matter stands disposed of.