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2014 DIGILAW 161 (HP)

Om Parkash v. State of Himachal Pradesh

2014-03-06

DHARAM CHAND CHAUDHARY

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Judgment Dharam Chand Chaudhary, J. 1. Learned Additional Advocate General has placed on record the status report and Investigating Officer, SI Roshan Lal of Police Station, Kot Kehloor, District Bilaspur has produced the record. 2. Petitioner is an accused in FIR No.122 of 2013 registered under Sections 306 and 504 read with Section 34 of Indian Penal Code in Police Station Kot Kehloor, District Bilaspur. Record reveals that one Vishal committed suicide on 15.11.2013. The accused-petitioner happens to be the maternal uncle of Rajani Bala, sister-in-law (Bhabhi) of the deceased. The record further reveals that Rajani Bala allegedly was not happy in her matrimonial home as she was being maltreated and tortured by her in-laws including her husband Mukesh. She was being supported only by her maternal uncle, the accused-petitioner as her parents were not there to support her. The accused-petitioner allegedly visited the place of in-laws of Rajani Bala on several occasions and tried to settle the dispute between them amicably. On one occasion, he allegedly used derogatory remarks while quarreling with Jasbir Singh, the father-in-law of Rajani Bala by proclaiming openly that his both sons used to share bed with his wife. The record further reveals that said Rajani Bala used to compel her brother-in-law (Devar), deceased Vishal to have sex with her, failing which she will implead him in some criminal case. Therefore, due to the derogatory remarks allegedly used by the accused-petitioner and on account of alleged demand of Rajani Bala, he committed suicide. 3. The police during the course of investigation has taken in possession the suicide note. The investigation in the case is complete. The accused, who has been arrested in this case on 25th January, 2014 is no more required for the purpose of further interrogation and, as such, presently confined in judicial custody. He belongs to village Dobeta in the adjoining district of district Bilaspur. Since his niece, Rajani Bala is married in the house of complainant at Dabat, it can reasonably be believed that he has roots in the society, particularly in the area to which the complainant party belongs. I, therefore, see no reason that he will abscond or jump over the bail and not be available for the purpose of trial. 4. The application, therefore, is allowed. I, therefore, see no reason that he will abscond or jump over the bail and not be available for the purpose of trial. 4. The application, therefore, is allowed. Consequently, it is ordered that the accused-petitioner, who has been arrested in connection with the case registered against him under Sections 306 and 504 read with Section 34 of Indian Penal Code vide FIR No.122 of 2013 in Police Station, Kot Kehloor, District Bilaspur, if not required in any other case, be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- with two sureties each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Bilaspur and shall abide by further conditions that: He shall: (a) Regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application. (b) Not tamper with the prosecution evidence nor make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer. (c) Keep on informing the Station House Officer, Police Station, Kot Kehloor about his whereabouts once in a month till the evidence of material witnesses is recorded. (d) Not leave the territory of India without the prior permission of the Court. 5. It is clarified that if the petitioner misuses the liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 6. The observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The application stands accordingly disposed of. Copy dasti.