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Himachal Pradesh High Court · body

2016 DIGILAW 330 (HP)

Chittra @ Najia v. State of H. P.

2016-03-23

P.S.RANA

body2016
Order : P.S. Rana, J. Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 162 of 2015 dated 26.9.2015 registered under Sections 498-A, 306 read with Section 34 IPC at P.S. Barmana District Bilaspur (H.P.) 2. It is pleaded that deceased Nahid alias Neha aged twenty six years was married with co-accused Ishan Khan according to Muslim customs on 24.2.2015 and it was an arranged marriage and after their marriage both Ishan Khan and Nahid lived happily as husband and wife. It is pleaded that deceased was working in Animal dispensary department. It is pleaded that on 26.9.2015 one Ishan Akhtar brother of deceased on the basis of suicide note of deceased filed FIR in P.S. Barmana District Bilaspur. It is pleaded that petitioner is innocent and petitioner has not committed any offence and further pleaded that petitioner will comply any condition imposed by Court and will appear before the Court whenever and wherever directed to do so. It is pleaded that petitioner will join the investigation as and when called by Investigating Agency. Prayer for acceptance of bail application sought. 3. Per contra police report filed. As per police report deceased has written a suicide note. There is recital in police report that deceased died due to asphyxia as a result of drowning. As per police report there is recital in suicide note that accused persons used to harass the deceased and also used to beat the deceased and also used to demand dowry from deceased. There is recital in suicide note that deceased had committed suicide due to cruelty committed by accused persons upon the deceased. There is recital in police report that husband of deceased intended to marry with Isha Sharma but due to difference of religion between Isha Sharma and Ishan Khan co-accused Isha Sharma refused to marry with co-accused Ishan Khan who is husband of deceased. There is recital in police report that husband of deceased namely Ishan Khan and Isha Sharma used to talk with each other by way of telephone. There is recital in police report that co-accused Ishan Khan husband of deceased used to pressure deceased for divorce. There is recital in police report that police took into possession two bags, suicide note, post mortem report and also recorded statements of witnesses. There is recital in police report that co-accused Ishan Khan husband of deceased used to pressure deceased for divorce. There is recital in police report that police took into possession two bags, suicide note, post mortem report and also recorded statements of witnesses. There is recital in police report that all accused persons are in judicial custody. There is also recital in police report that as per chemical analyst report SFSL Junga suicide note was written by deceased in her own handwriting. There is recital in police report that investigation is completed and challan stood filed in competent Court of law on 17.12.2015. There is recital in police report that in case petitioner is released on bail she will threat the prosecution witnesses and on this ground bail application be dismissed. 4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the non-petitioner and also perused the record. 5. Following points arise for determination in this bail application:- 1. Whether bail application filed under Section 439 Cr.P.C. by woman petitioner is liable to be accepted as per special provision of bail for women and minors under the age of 16 years relating to heinous criminal offence punishable with death or imprisonment of life? 2. Final Order. Findings on Point No.1 with reasons 6. Submission of learned Advocate appearing on behalf of petitioner that investigation is completed and petitioner is a woman and woman has special right of bail even in heinous offence punishable with death or imprisonment for life under proviso of Section 437 of Code of Criminal Procedure 1973 and on this ground bail application filed by woman co-accused be allowed is accepted for the reasons hereinafter mentioned. 7. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) 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) 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. 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 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. 8. Court is of the opinion that there is special provision of bail to women and minors under the age of 16 years even in heinous offence punishable with death or imprisonment for life as per proviso of Section 437 of Code of Criminal Procedure 1973. In present case investigation is completed and final investigation report under Section 173 of Cr.P.C. is filed in competent Court of law and petitioner is in judicial custody. It is well settled law that accused is presumed to be innocent till convicted by competent Court of law. Court is of the opinion that in view of special provision of bail to women it is expedient in the ends of justice to release the petitioner on bail. Court is of the opinion that if petitioner is released on bail at this stage then interest of State and general public will not be adversely affected. It was held in case reported in AIR 1957 Rajasthan 10 titled Mt. Choki vs. State that special treatment of women and children in bail matter is not inconsistant with Article 15 of Constitution of India. 9. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if bail is granted to petitioner then petitioner will threat the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that conditional bail will be granted to petitioner. 9. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if bail is granted to petitioner then petitioner will threat the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that conditional bail will be granted to petitioner. Court is also of the opinion that if petitioner will flout the terms and conditions of bail order then non-petitioner will be at liberty to file application for cancellation of bail as provided under Section 439 (2) of Code of Criminal Procedure 1973. In view of above stated facts point No.1 is answered in affirmative. Point No.2 (Final order) 10. In view of my findings on point No.1 bail application filed by petitioner under Section 439 Cr.P.C. is allowed subject to furnishing personal bond to the tune of Rs. 1 lac (Rupees one lac only) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That petitioner will join investigation of case whenever and wherever directed by Investigating Officer in accordance with law. (ii) That petitioner will attend the proceedings of learned trial Court regularly till conclusion of trial of case. (iii) That petitioner 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 Court or to any police officer. (iv) That petitioner will not leave India without the prior permission of the Court. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of bail application filed under Section 439 of Code of Criminal Procedure 1973. Bail petition filed under Section 439 of Code of Criminal Procedure stands disposed of. All pending application(s) if any also disposed of.