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Himachal Pradesh High Court · body

2014 DIGILAW 1476 (HP)

Ram Pyari wife of Shri Balak Ram v. State of H. P.

2014-10-18

P.S.RANA

body2014
Order P.S. Rana, J. Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 64 of 2014 dated 8.5.2014 registered under Sections 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC in Police Station Barmana District Bilaspur (H.P.). 2. It is pleaded that applicant is innocent and has been falsely implicated in present case. It is pleaded that there is no direct or indirect evidence against the applicant and investigation of the case is complete. It is further pleaded that detention of applicant in judicial custody would not advance the cause of justice. It is pleaded that any condition imposed by Court will be binding upon the applicant. It is further pleaded that deceased had set herself on fire and prayer for acceptance of bail application sought. 3. Per contra police report filed. As per police report, FIR No. 64 of 2014 dated 8.5.2014 registered under Section 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC in Police Station Barmana District Bilaspur against the applicant. There is recital in police report that statement of Smt. Anjana Kumari wife of Shri Kamal Kumar resident of village Saloon Tehsil Sadar District Bilaspur aged 27 years was recorded which was attested by Shashi Pal Sharma Executive Magistrate posted as DRO Bilaspur. There is recital in police report that deceased was teacher in school at Barmana and between 8 to 8.45 AM deceased was preparing herself to go to school. There is recital in police report that deceased and her husband used to reside separately and mother-in-law of deceased namely Ram Pyari, father-in-law namely Balak Ram and brother-in-law of deceased namely Vijay Kumar came from upper portion of house and abused both of them i.e. deceased and her husband and told to withdraw the case otherwise they would be killed. There is further recital in police report that father-in-law of deceased threw kerosene gallon upon the deceased and thereafter lit the fire with match box. There is further recital in police report that thereafter husband of deceased extinguished the fire and all three accused fled away from the place of incident. There is recital in police report that thereafter deceased became unconscious. There is further recital in police report that 90% burnt body of deceased was detected due to fire. There is further recital in police report that thereafter husband of deceased extinguished the fire and all three accused fled away from the place of incident. There is recital in police report that thereafter deceased became unconscious. There is further recital in police report that 90% burnt body of deceased was detected due to fire. There is recital in police report that site plan was prepared and burnt pieces of clothes were took into possession vide seizure memo and all accused persons were arrested. There is further recital in police report that co-accused Balak Ram had retired from police department. There is further recital in police report that deceased was referred to IGMC for further medical treatment where she died on dated 24.5.2014. There is recital in police report that post mortem of deceased was conducted and as per post mortem deceased died as a result of septicemic shock i.e. 72% Wilson classification dermoepidermal. There is further recital in police report that deceased had married with Kamal Kumar against the wishes of their family members and there were regular quarrels between the accused and deceased. There is further recital in police report that accused persons have thrown kerosene gallon upon the deceased and thereafter lit the fire with match box due to which injuries were sustained by the injured upon her body and she died. There is further recital in police report that bail application was also filed before learned Sessions Judge Bilaspur but same was dismissed. Prayer for dismissal of bail application sought. 4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record. 5. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when the case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case. 6. Another submission of learned Advocate appearing on behalf of the applicant that applicant is a female and investigation is complete in present case and on account of special provision to release the females on bail present bail application filed by applicant be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. Another submission of learned Advocate appearing on behalf of the applicant that applicant is a female and investigation is complete in present case and on account of special provision to release the females on bail present bail application filed by applicant be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. There is special provision to release the accused on bail who is under the age of 16 years or is a woman or is sick or infirm even qua offence punishable with death or imprisonment for life. In present case investigation is complete and applicant is not required for any investigation purpose. Trial of the case will be completed in due course of time. It was held in case reported in 2012 Cri. L.J. 702 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. 7. Submission of learned Advocate appearing on behalf of non-applicant that if bail is granted to applicant then applicant will induce threat and influence the prosecution witnesses and on this ground anticipatory bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that condition will be imposed in the bail order to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the view that if applicant will flout the terms and conditions of bail order then non-applicant will be at liberty to file application for cancellation of bail in accordance with law. 8. In view of above stated facts and in view of fact that there is special provision of bail for women qua offence punishable with death or imprisonment for life applicant is released on bail as per special provision subject to furnishing personal bond to the tune of Rs. 1 lac with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will attend the proceedings of learned trial Court regularly till conclusion of trial in accordance with law. (ii) That applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (iii) That the applicant will not leave India without the prior permission of the Court. (iv) That applicant will not commit similar offence qua which she is accused. Bail application filed under Section 439 Cr.P.C. stands disposed of. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s), if any also disposed of.