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2018 DIGILAW 548 (HP)

Rekha Devi v. State Of Himachal Pradesh

2018-04-04

AJAY MOHAN GOEL

body2018
JUDGMENT Ajay Mohan Goel, J —By way of this petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ''Cr.P.C'') , the petitioner has prayed for grant of bail in case FIR No. 235/2017, dated 21.07.2017, registered under Section 302 of the Indian Penal Code (hereinafter referred to as ''IPC'') at Police Station Nurpur, District Kangra. 2. The allegation against the petitioner is that on 21.07.2017, she allegedly killed her husband by strangulating him pursuant to an altercation, which took place between husband and wife. 3. The petitioner has inter-alia prayed in the bail petition that she has a four years'' old son and there is no one, except her, to look after him, more so, after the death of her husband, i.e. father of the minor child. 4. Latest status report stands filed, as per which, the case is now fixed for examination of prosecution witnesses on 9th May, 2019. 5. Though, it is not in dispute that the petitioner is the permanent resident of Village Bhadroot, Tehsil Nurpur, District Kangra, however, learned Additional Advocate General has submitted that the only apprehension, which the State has, is that taking into consideration the gravity of the offence, which stands alleged against the petitioner, in case she is released on bail at this stage, she may win over the prosecution witnesses, which may hamper the course of the trial. 6. I have heard learned Counsel for the petitioner as also the learned Additional Advocate General. It is not in dispute that the petitioner presently is behind bars in an FIR, wherein allegation is that she killed her own husband. It is also not in dispute that the petitioner has a four years old son and there is no one except her to look after the minor child. Taking into consideration the peculiar facts of the case as also the welfare of the minor child, in my considered view, the petitioner is entitled to be enlarged on bail. 7. It is also not in dispute that the petitioner has a four years old son and there is no one except her to look after the minor child. Taking into consideration the peculiar facts of the case as also the welfare of the minor child, in my considered view, the petitioner is entitled to be enlarged on bail. 7. As far as the apprehension expressed by the learned Additional Advocate General is concerned, in my opinion, the same can be taken care of by the Court, as conditions are being imposed upon the petitioner, on which the bail is being granted and it shall always be open to the State to approach this Court for cancellation of the bail, in case the petitioner jumps over any of the conditions imposed upon her. 8. In view of above, this petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 235 of 2017, dated 21.07.2017, registered under Section 302 of the Indian Penal Code (hereinafter referred to as ''IPC'') at Police Station Nurpur, District Kangra, on her furnishing personal bond to the tune of '' 1, 00, 000/- with one surety in the like amount to the satisfaction of learned trial Court subject to the following conditions:- (i) Petitioner shall 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; (ii) She shall not tamper with the prosecution evidence. (iii) She shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and (iv) She shall not leave the territory of India without prior permission of the Court. 9. It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned trial Court shall not, in any manner, be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not comply with the conditions, which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for cancellation of the bail. 10. The petition stands disposed of in the above terms. Copy dasti.