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2019 DIGILAW 1194 (HP)

Jatin Gupta v. State Of Himachal Pradesh

2019-08-21

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. 16 of 2019, dated 22.06.2019, under Sections 498A, 406 and 506 IPC, registered in Women Police Station Una, District Una, 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 Himachal Pradesh 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 22.06.2019 Smt. Rajni Devi (complainant) made a complaint to the police and alleged that she was married with petitioner Jatin on 04.12.2017. She has further contended that at the time of marriage gold ornaments and gifts etc. were given. During marriage, a demand of rupees two lacks was raised and the father of the complainant gave money. After only two weeks of marriage, the petitioners started ill treating the complainant and they raised demand of rupees five lac. The parents of the complainant settled the matter by giving money and other articles to the petitioners. Thereafter, the petitioners time and again said that the dowry was not given as per their status. The complainant has further alleged that she was maltreated, harassed and forced to starve. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. Police recorded the statement of the complainant and other witnesses. Police also procured the relevant records qua marriage of the complainant with petitioner Jatin. It has come in the police investigation that the petitioner used to physically and mentally torture the complainant. The complainant was used to be abused by the petitioners for no reason and behaviour towards her was inapt. As per the police, challan in the case has been prepared and it will be presented in the Court soon. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners used to mentally and physically torture the complainant and their behaviour towards the complainant was cruel. It is prayed that the bail applications of the petitioners be dismisses. 4. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners used to mentally and physically torture the complainant and their behaviour towards the complainant was cruel. It is prayed that the bail applications of the petitioners be dismisses. 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. The petitioners are permanent residents of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. 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 it has come in the investigation that the petitioners used to torture the complainant and their behaviour towards her was cruel, so their bail applications may be dismissed, as in case at this stage they are enlarged on bail, they may tamper with the prosecution evidence. 6. At this stage, considering the nature of the allegations, the manner in which the offence is alleged to have taken place, the fact that the petitioners are joining and co-operating in the investigation, the petitioners are residents of Himachal Pradesh, they 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 the petitioners be released on bail, in the event of their arrest, in case FIR No. 16 of 2019, dated 22.06.2019, under Sections 498A, 406 and 506 IPC, registered in Women Police Station Una, District Una, H.P., on their furnishing personal bond to the tune of Rs.20,000/- (rupees twenty 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.