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2016 DIGILAW 1295 (HP)

Asha Rani v. State of Himachal Pradesh

2016-07-07

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present petition is maintained by the petitioners for releasing them on bail. 2. As per the petitioners, they have been falsely implicated in case FIR No.84 of 2016, registered at Police Station Gagret, District Una, H.P., under Sections 306, 498A read with Section 34 IPC. 3. Police report filed. It has been stated by the Incharge, Police Post Daulatpur District Una, H.P. that the investigations are still going on. 4. Heard. 5. After taking inconsideration the Police report, wherein it has been come on record that the father of the deceased has lodged a report with the police under Section 154 Cr.P.C. to the effect that his daughter has been killed, who was married with Anil Kumar accused in the year 2003 and was having 12 years old son, was being beaten by the accused Anil Kumar regularly as well as tortured by all the accused persons including mother-in-law and sister-in-law and husband of the sister-in-law of the deceased. He has also deposed that his daughter has committed suicide due to the regular torture and beatings given by accused persons. 6. I have also gone through the police record. At this stage, taking into consideration the fact that the son of the deceased, who is only 12 years old and alone at home also the fact that Asha Rani is 60 years of age and Sonia, sister-in-law, who is also 30 years of age, as also taking into consideration the fact, with regard to the welfare of the minor son, who has lost his mother in an unnatural incidence and after taking all the circumstances into consideration, this Court finds that, the present is a fit case where the judicial discretion to admit the petitioners, namely Asha Rani and Sonia, is required to be exercised in favour of them to meet the ends of justice. So, it is ordered that Asha Rani, petitioner No.1 and Sonia, petitioner No.3 be released on bail in the event of their arrest in the present case under Section 306, 498A read with Section 34 IPC, on their furnishing personal bonds in the sum of Rs.20,000/- with one surety each of the like amount to the satisfaction of the Investigating Officer concerned. The bail is granted, subject to the following conditions: 1. The bail is granted, subject to the following conditions: 1. That the petitioners No. 1 and 3 will join investigation of case as and when called for by the Investigating Officer in accordance with law. 2. That the petitioners No.1 and 3 will not leave India without prior permission of the Court. 3. That the petitioner No.1 and 3 will 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 Investigating Officer or Court. 7. So far as the petitioner No.2 Rakhvinder son of Ranvir Singh is concerned, learned counsel for the petitioners, states that he does not press the petition of Rakhvinder, at this moment and he may be allowed to move appropriate petition, as and when required. Taking into consideration the prayer of the learned counsel appearing on behalf of Rakhvinder, the petition of Rakhvinder is dismissed, as withdrawn. However, he may move fresh petition, before competent Court of law.