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Himachal Pradesh High Court · body

2014 DIGILAW 96 (HP)

Nirmla v. State of H. P.

2014-01-23

DHARAM CHAND CHAUDHARY

body2014
JUDGMENT Dharam Chand Chaudhary, J.(Oral): This order will dispose of both petitions arising out of the same FIR. 2. Learned Additional Advocate General has placed on record the status report and Investigating Officer, ASI Arjun Singh of Police Station, Pooh, District Kinnaur has produced the record. 3. Heard. 4. The accused-petitioners are sisters of Mr. Parmod Kumar, their co-accused. The deceased was B.Sc. B.Ed. On 20th July, 2013, she solemnized marriage with accused Parmod Kumar without the consent of her parents being in love with the said accused. Shri Lal Chand complainant was her father. Accused Parmod Kumar visited the house of his in-laws on 22nd July, 2013. After performance of customary rituals by her parents, accused Parmod Kumar and the deceased came to Shimla. They stayed at Shimla for few days and thereafter accused Parmod Kumar went to his village Ribba alongwith the deceased. The deceased while in the company of accused Parmod Kumar in the matrimonial home allegedly informed her parents over telephone that her in-laws including the present petitioners used to torture and harass her. Although the dead body of the deceased is not recovered, yet, the apprehension of the complainant is that on account of being tortured by the accused, she has committed suicide on or about 30th October, 2013. 5.A case under Sections 306 and 498-A read with Section 34 of Indian Penal Code has been registered against the accused-petitioners and their brother, Parmod Kumar and parents also in Police Station Pooh, District Kinnaur vide FIR No.22 of 2013. Their parents have already been released on bail. Their brother and principal accused Parmod Kumar is still in judicial custody. The investigation in the case is almost complete and even the challan also stands prepared and is under scrutiny by the Public Prosecutor. 6. Having gone through the record, prima facie no direct and tangible evidence throwing light on the alleged acts of omissions and commissions attributed to both petitioners is available on record. They are young unmarried women. In the given facts and circumstances when the investigation is already complete and they are no more required for further interrogation and also that they both are permanent residents of Kinnaur District, Himachal Pradesh, their further detention is absolutely unwarranted. They are young unmarried women. In the given facts and circumstances when the investigation is already complete and they are no more required for further interrogation and also that they both are permanent residents of Kinnaur District, Himachal Pradesh, their further detention is absolutely unwarranted. Otherwise also, they both have yet to be tried for the commission of the alleged offence and unless and until held guilty, have to be believed to be innocent. 7. Therefore, both the petitions succeed and the same are accordingly allowed. Consequently, the accused- petitioners, who are in judicial custody in connection with this case registered against them under Sections 306 and 498-A read with Section 34 of Indian Penal Code vide FIR No.22 of 2013 in Police Station, Pooh, District Kinnaur, if not required in any other case, be released on bail subject to their furnishing personal bonds in the sum of ‘50,000/- each with one surety each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Kinnaur/Judicial Magistrate at Recong Peo/Rampur and shall abide by further conditions that they shall: (c) 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; (d) 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; and (c) not leave the territory of India without the prior permission of the Court. 8. It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 9. Any 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 these petitions alone. The applications stand accordingly disposed of. Copy dasti.