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Himachal Pradesh High Court · body

2014 DIGILAW 1752 (HP)

Dilbag Singh son of late Shri Bhoda Ram v. State of H. P.

2014-11-26

P.S.RANA

body2014
JUDGMENT : P.S. Rana, J. Present bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 182 of 2014 dated 31.10.2014 registered under Section 306/34 IPC in Police Station Dehra District Kangra Himachal Pradesh. 2. It is pleaded that FIR was registered against the deceased in theft case. It is pleaded that deceased and applicant have cordial relations for years. It is pleaded that applicant has deposed in the theft case against the deceased and deceased had kept a grudge against the applicant. It is further pleaded that due to grudge name of applicant has been mentioned in the suicide note. It is pleaded that applicant will not abscond and will not tamper with prosecution evidence and will join the investigation. It is further pleaded that applicant will abide all conditions imposed by the Court. Prayer for acceptance of bail application is sought. 3. Per contra police report filed. As per police report case under Section 306/34 IPC is registered against the applicant in P.S. Dehra vide FIR No. 182 of 2014 dated 31.10.2014. There is recital in police report that on dated 31.10.2014 statement of Shri Kushal Singh son of Rai Singh resident of VPO Gheori P.S. and Tehsil Dehra District Kangra (HP) was recorded. There is recital in police report that deceased Rai Singh son of Munshi Ram Age 52 years resident of VPO Gheori P.S. Dehra District Kangra H.P. was working as Secretary in the society. There is recital in police report that case under Section 420 IPC was registered and deceased was accused in that case. There is further recital in police report that deceased had obtained the interim anticipatory bail from Hon’ble High Court of H.P. Shimla which was pending for disposal. There is recital in police report that accused Dilbag Singh, accused Tilak Raj and accused Bhajan Singh were harassing the deceased since 10-15 days. There is also recital in police report that deceased committed suicide through rope of plastic. There is recital in police report that suicide note was also obtained. There is further recital in police report that post mortem of deceased was conducted at CHC Dehra and cause of death was mentioned as asphyxia as a result of ante mortem hanging. There is further recital in police report that statements of prosecutions witnesses were also recorded. There is recital in police report that suicide note was also obtained. There is further recital in police report that post mortem of deceased was conducted at CHC Dehra and cause of death was mentioned as asphyxia as a result of ante mortem hanging. There is further recital in police report that statements of prosecutions witnesses were also recorded. There is also recital in police report that report of RFSL is still awaited and in case applicant is released on anticipatory bail applicant will threat the prosecution witnesses and will influence the investigation. Prayer for rejection of anticipatory bail application is 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. Following points arise for determination in this bail application:- Point No. 1 Whether bail application filed under Section 438 Cr.P.C. is liable to be accepted as mentioned in memorandum of grounds of anticipatory bail application? Point No. 2 Final Order. Findings upon Point No.1 6. 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. 7. Another submission of learned Advocate appearing on behalf of the applicant that name of applicant was figured in the suicide note due to ill-will and grudge against the applicant and on this ground anticipatory bail application be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. The fact whether the name of applicant was mentioned in the suicide note due to ill-will or grudge 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. 8. Another submission of learned Advocate appearing on behalf of the applicant that applicant will abide all conditions imposed by the Court and on this ground anticipatory bail application filed by applicant be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. 8. Another submission of learned Advocate appearing on behalf of the applicant that applicant will abide all conditions imposed by the Court and on this ground anticipatory bail application filed by applicant be allowed is rejected being devoid of any force 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. In present case there is prima facie suicide note against the applicant and case is at the initial stage of investigation. Court is of the opinion that custodial interrogation of applicant is essential in present case in view of the gravity of criminal offence registered against the applicant under Section 306 IPC. Court is of the opinion that if anticipatory bail is granted to the applicant at this stage then investigation of the case will be adversely affected. Court is also of the opinion that if anticipatory bail is granted to the applicant at this stage then interest of State and general public will also be adversely affected. 9. Submission of learned Additional Advocate General appearing on behalf of the State that investigation is in initial stage and allegations made against the applicant are grave in nature qua commission of criminal offence under Section 306 IPC and if applicant is released on anticipatory bail at this stage investigation will be adversely affected is accepted for the reasons hereinafter mentioned. It was held in case reported in AIR 2009 SC 502 titled Parvinderjit Singh and another vs. State (Union Territory Chandigarh) and another that order under Section 438 Cr.P.C. is neither a passport to the commission of crimes nor a shield against any kind of accusations. 10. In view of gravity of offence under Section 306 IPC and in view of the fact that investigation is at the initial stage and in view of suicide note against the applicant it is held that custodial interrogation is essential in present case. Point No.1 is answered in negative. 10. In view of gravity of offence under Section 306 IPC and in view of the fact that investigation is at the initial stage and in view of suicide note against the applicant it is held that custodial interrogation is essential in present case. Point No.1 is answered in negative. Point No. 2 Final Order 11. In view of my findings upon point No. 1 anticipatory bail application filed under Section 438 Cr.P.C. is rejected. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of this anticipatory bail application filed under Section 438 of Code of Criminal Procedure 1973. All pending application(s) if any also disposed of.