Research › Search › Judgment

Himachal Pradesh High Court · body

2014 DIGILAW 64 (HP)

Darje Ram v. State of H. P.

2014-01-09

SANJAY KAROL

body2014
JUDGMENT : - Sanjay Karol, J (oral) ASI Arjun Singh, I.O. Police Post Murang, Police Station Pooh, District Kinnaur, H.P. is present in Court. Record perused and returned. 2. Petitioner stands arrested in connection with FIR No. 22 of 2013, dated 31.10.2013, under the provisions of Sections 306, 498A, 34 of the Indian Penal Code, registered at Police Station, Pooh, District Kinnaur, H.P. 3. As per the case of prosecution, Shri Lal Chand, father of deceased Pradeep Kumari, lodged an FIR at Police Station, alleging that his daughter (deceased) had committed suicide, on account of atrocities/cruelties meted out inter alia by the accused-petitioner. noticeably, deceased was an educated lady. She was a Graduate in Science and Education. On 20.07.2013, she was married to accused Pramod Kumar. It was a love marriage. Present petitioner is the father of Pramod Kumar. 4. According to the complainant, all the family members, including the present petitioner, used to physically torture and harass the deceased, which fact she would narrate to the complainant on telephone. Deceased left the matrimonial home on 30.10.2013, for the reason that her parents had failed to perform a ceremony, which in local parlance is known as ‘Daloj’. 5. Having heard learned counsel for the parties, perused the record as also ratio of law laid down by the apex Court in Siddharam Satlingappa Mhetre Versus State of Maharashtra and others, (2011) 1 SCC 694 ; and Prasanta Kumar Sarkar Versus Ashis Chatterjee and another, (2010) 14 SCC 496 , I am of the considered view that present petitioner has made out a case for grant of bail. 6. Petitioner is an old man of 74 years. Entire family, including his wife, son and two daughters stand arrested by the police. There is none in the family to take care of the household and attend the livestock. Also, so far prosecution could not prima facie collect any concrete material against the petitioner, showing his complicity in the alleged crime. Matter is still under investigation. There is no apprehension of the accused-petitioner, either tampering with the record or intimidating/threatening the witnesses or in any manner impede the course of justice. 7. Having holistically considered the nature of offence, relevant attending circumstances in favour of the petitioner, and also the fact that the petitioner is an old man, I feel that it is a fit case in which petitioner should be enlarged on bail. 7. Having holistically considered the nature of offence, relevant attending circumstances in favour of the petitioner, and also the fact that the petitioner is an old man, I feel that it is a fit case in which petitioner should be enlarged on bail. 8. As such, petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Kinnaur/Judicial Magistrate, Rampur. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate/Judicial Magistrate is directed to comply with the directions issue by the High Court, vide letter No. HHCVIG/Misc.Instructions/93-IV-7139, dated 18.03.2013. 9. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Application stands disposed of. Copy dasti.