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Himachal Pradesh High Court · body

2015 DIGILAW 71 (HP)

Deepak Kumar son of Sh. Udham Singh v. State of Himachal Pradesh

2015-01-20

P.S.RANA

body2015
JUDGMENT P.S. Rana, J. Present application filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 115 of 2014 dated 26.6.2014 registered under Sections 498-A and 306 read with Section 34 of Indian Penal Code at Police Station Jawalamukhi District Kangra H.P. 2. It is pleaded that applicant is a resident of Jawalamukhi District Kangra HP. It is pleaded that applicant has been falsely implicated in the present case. It is pleaded that wife of applicant Smt Tanu Thakur had committed suicide and she had left a note that she is responsible for ending her life. It is pleaded that applicant is innocent and investigation is completed and nothing is to be recovered from applicant. It is pleaded that other co-accused already released on bail. It is pleaded that daughter of applicant namely Navidita Thakur is three years old and she is not feeling comfortable in the absence of her father and the father of applicant has been referred for surgery from CHC Nadaun to Rajender Parsad Medical College Hospital Tanda. It is pleaded that there is no earning hand in the family. It is pleaded that applicant is innocent and is not involved in the commission of offence. It is pleaded that investigation is completed and applicant is not required for investigation purpose. Prayer for acceptance of bail application sought. 3. Per contra police report filed. There is recital in police report that FIR No. 115 of 2014 has been registered against the applicant under Sections 498A and 306 read with Section 34 IPC at Police Station Jawalamukhi District Kangra HP. There is further recital in police report that deceased Tanu Thakur was married with applicant as per Hindu rites and customs. There is recital in police report that for two years the deceased was kept properly. There is recital in police report that illicit relations developed between applicant and some other woman. There is recital in police report that when deceased used to protest illicit relations of the applicant he used to beat the deceased. There is recital in police report that father-in-law and mother-in-law also used to support the applicant and also used to snub the deceased. There is recital in police report that deceased had personally narrated the entire incident to her father namely Tara Chand. There is recital in police report that father-in-law and mother-in-law also used to support the applicant and also used to snub the deceased. There is recital in police report that deceased had personally narrated the entire incident to her father namely Tara Chand. There is recital in police report that thereafter Tara Chand persuaded the applicant to keep cordial relations with deceased Tanu Thakur. There is recital in police report that no criminal complaint was filed anywhere just to keep cordial relations. There is recital in police report that on dated 26.6.2014 deceased Tanu Thakur has talked with her mother Kamla Rani by way of telephone and thereafter a telephone came after ½ hour that deceased had committed suicide in her matrimonial house. There is recital in police report that thereafter father of deceased went to matrimonial house of the deceased and he found that deceased was dead. After registration of FIR matter was investigated. Site plan was prepared and broken bangles and mobile phone took into possession vide seizure memo. Diary written by deceased was also found from the place of incident. As per report of medical officer deceased had died due to ante mortem hanging. There is recital in police report that diary written by the deceased comprising fifteen pages sent to RFSL Dharamshala. There is recital in police report that recording of conversation of deceased and applicant Deepak Kumar was also available in the mobile and separate CD was prepared. There is recital in police report that other coaccused Udham Singh and Meera Devi have been released by learned Additional District and Sessions Judge Dharamshala on furnishing personal bond to the tune of Rs.30,000/- each. There is recital in police report that deceased was mentally tortured by applicant, her father-in-law and mother-in-law and she has committed suicide due to mental torture given by accused persons. There is recital in police report that challan has already been presented in Court. There is recital in police report that rope skin tissues were found as per RFSL report. There is recital in police report that challan already stood filed in Court. 4. Court heard learned Advocate appearing on behalf of applicant and Court also heard learned Additional Advocate General appearing on behalf of non-applicant. 5. There is recital in police report that rope skin tissues were found as per RFSL report. There is recital in police report that challan already stood filed in Court. 4. Court heard learned Advocate appearing on behalf of applicant and Court also heard learned Additional Advocate General appearing on behalf of non-applicant. 5. Following points arise for determination in the present application: (1) Whether bail application filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of application.? (2) Final Order. Finding upon Point No.1. 6. Submission of learned Advocate appearing on behalf of the applicant that applicant is innocent and he has been falsely implicated in the present case and on this ground present bail application be allowed is rejected being devoid of any force for the reason hereinafter mentioned. Fact whether applicant is innocent or not cannot be decided at this stage. Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both the parties. 7. Another submission of learned Advocate appearing on behalf of the applicant that investigation already stood completed and challan already stood filed in competent Court of law and trial will be concluded in due course of time and on this ground bail application filed under Section 439 Cr.PC be allowed is accepted for the reason hereinafter mentioned. It is well settled law that 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. It was held in case reported in 2012 Cri.L.J 702 titled Sanjay Chandra Vs. Central Bureau of Investigation that the object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. Central Bureau of Investigation that the object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. It was also held that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. In the present case as per police report investigation is completed and challan stood filed in Court. Case shall be disposed of in due course of time by learned trial Court and it is well settled law that accused is presumed to be innocent till convicted by competent Court of law. In view of the fact that applicant has a minor daughter aged about three years, Court is of the opinion that in the absence of mother applicant father is the best person to look after the welfare of minor daughter. Court is of the opinion that if the applicant is released on bail at this stage then the interest of the State and general public will not be adversely effected. 8. Submission of learned Additional Advocate General appearing on behalf of the non-applicant that keeping in view the gravity of the offence bail application filed under Section 439 Cr.PC be declined is rejected being devoid of any force for the reason hereinafter mentioned. Whether there is direct nexus between the abetment and suicide cannot be decided at this stage. The same fact will be decided when case shall be disposed of finally by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 9. Another submission of learned Additional Advocate General appearing on behalf of the non-applicant that if applicant is released on bail then applicant will induce and threat the prosecution witness and on this ground bail application filed by the applicant be rejected is devoid of any force for the reason hereinafter mentioned. Court is of the opinion that conditions will be imposed in the bail order that applicant will not induce and threat the prosecution witness in any manner. Court is of the opinion that conditions will be imposed in the bail order that applicant will not induce and threat the prosecution witness in any manner. If the applicant will induce and threat the prosecution witness then prosecution will be at liberty to file application for cancellation of bail in accordance with law. In view of the above stated facts point No.1 is answered in affirmative. Final Order. 10. In view of my finding upon point No.1 bail application filed by applicant is allowed and it is ordered that applicant will be released on bail on following terms and conditions on furnishing personal bond in the sum of Rs.1,00,000/- (One lac) with two sureties in the like amount to the satisfaction of learned trial Court. (i) That applicant will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii) That applicant shall 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 applicant will not leave India without prior permission of the Court. (iv) That applicant will give his residential address to the Investigating Officer in written manner. (v) That applicant will attend proceedings of learned trial Court regularly. Observation made hereinabove is strictly for the purpose of deciding the present bail application and it shall not effect merits of the case in any manner. Bail application filed under Section 439 of the Code of Criminal Procedure 1973 is disposed of. Pending applications if any also disposed of.