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Himachal Pradesh High Court · body

2019 DIGILAW 1123 (HP)

Dhani Devi v. State of Himachal Pradesh

2019-08-08

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 187 of 2019, dated 19.07.2019, under Section 306 read with Section 34 IPC, registered in Police Station Sunder Nagar, District Mandi, H.P. 2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. 3. Police report stands filed. As per the prosecution story, on 19.07.2019, police were informed telephonically from Sunder Nagar Hospital that a lady has been brought to the hospital, who has consumed poison. Police went to the hospital and found Smt. Bharti (deceased), who has consumed poison, along with her husband and relatives. The deceased was referred to Medical College, Nerchowk. Police recorded the statement of the deceased and at about 12 noon she died during treatment. The husband and relatives of the deceased were present in the hospital and Shri Ajay Kumar (brother of the deceased) gave a statement to the police. He stated that on 19.07.2019 he received telephonic call from the deceased and she asked him to come. Thereafter, again the deceased made a telephonic call to him and she was nervous, so he made a call to the husband of the deceased and told to live peacefully. He has further stated that 2-3 years back there was an altercation with the deceased, however, no report was lodged. As per the brother of the deceased, the deceased was never given beatings and only once husband of the deceased told him to take the deceased back. Once, the deceased told him that she is being harassed. The brother of the deceased raised suspicion that the deceased has been administered poison by her in-laws. Police registered a case and the investigation ensued. Police collected the scientific samples and sent the same for analysis to RFSL, Dharamshala. Spot map was prepared and the statements of the witnesses were recorded. When the deceased was alive, police recorded her statement. The brother of the deceased raised suspicion that the deceased has been administered poison by her in-laws. Police registered a case and the investigation ensued. Police collected the scientific samples and sent the same for analysis to RFSL, Dharamshala. Spot map was prepared and the statements of the witnesses were recorded. When the deceased was alive, police recorded her statement. As per the deceased, she consumed poison on her own and not due to the harassment of any of his in-laws or relatives. Police recorded the statements of the witnesses and no witnesses alleged that the husband of the deceased used to give cruel treatment to the deceased. As per the witnesses, the relations of the deceased with her husband were normal. The police, during the course of investigation, could not find anything against the petitioners. Lastly, it is prayed that the bail applications of the petitioners be dismissed. 4. I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioners are innocent and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as they are residents of the place. He has further argued that petitioners are joining and co-operating in the investigation, so they may be released on bail. Conversely, learned Additional Advocate General, has argued that in case the petitioners are released on bail, at this stage, they may tamper with the prosecution evidence and may also flee, so the bail applications of the petitioners may be dismissed. 6. Conversely, learned Additional Advocate General, has argued that in case the petitioners are released on bail, at this stage, they may tamper with the prosecution evidence and may also flee, so the bail applications of the petitioners may be dismissed. 6. At this stage, considering the statement of the deceased, which she gave to the police prior to her death, the statements of the neighbors, statement of the brother of the deceased, what has come in the police investigation, the fact that the petitioners are joining and co-operating in the investigation, they are residents of the place and are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in their favour. Under these circumstances, it is ordered that in the event of arrest in this case, the petitioner be released on bail, in case FIR No. 187 of 2019, dated 19.07.2019, under Section 306 read with Section 34 IPC, registered in Police Station Sunder Nagar, District Mandi, H.P., on their furnishing personal bond to the tune of Rs.25,000/- (rupees twenty five thousand only) each with one surety each in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioners will not leave India without prior permission of the Court. (iii) That the petitioners 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. In view of the above, the petitions are disposed of.