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Himachal Pradesh High Court · body

2022 DIGILAW 359 (HP)

RAKESH KUMARI W/O SHRI JASVEER SINGH v. STATE OF HIMACHAL PRADESH

2022-07-01

SATYEN VAIDYA

body2022
ORDER : 1. Petitioner is an accused in case FIR No. 192 of 2022, dated 8.6.2022, registered at Police Station, Una, District Una, H.P. under Sections 306, 34 IPC. 2. Petitioner has approached this Court under Section 438 Cr.P.C. for grant of pre-arrest bail in the above noted case. 3. On 7.6.2022, an information was received at Police Post (City), Una at about 1.45 P.M. that someone having consumed poison had been brought to Regional Hospital, Una. The police officials reached the hospital. The Medical Officer after preserving samples, referred the patient to PGI, Chandigarh, but the patient expired on the way. 4. On 8.6.2022, the complainant got recorded her statement under Section 154 Cr.P.C. before police that the deceased (victim) was her sister, who was working at Baddi in a private company. The complainant was informed by Reena Thakur, a friend of the victim that Armaan son of the petitioner had visited the victim on 4.6.2022 at Baddi. On 5.6.2022, Reena Thakur, victim and Armaan had spent some time together. In the morning of 6.6.2022, Armaan left the residence of the victim. While leaving by bus, Armaan had telephonically asked the victim to visit Una on 7.6.2022 to see his mother and they would talk about their marriage. Armaan had disclosed that his mother (petitioner) had fixed his engagement somewhere else. On 7.6.2022, the victim reached Una. The complainant was informed by victim telephonically that she was in the company of Armaan and his mother (petitioner) and were sitting in the restaurant of Mid Point Hotel, Una. She further disclosed that the petitioner had abused the victim and had also blamed her. The son of the petitioner also refused to marry her. Hence, the victim had consumed poison and died as a result thereof. 5. In the status report submitted on behalf of respondent, it has been stated that the investigation was in progress. The report from Forensic Science Laboratory was still awaited. Some substance (powder) was handed over by the father of the victim to the police and which was stated to have been found from the purse of the victim. It has also been discovered during investigation that son of the petitioner (Armaan) and the victim had acquaintance with each other since July, 2020. Some substance (powder) was handed over by the father of the victim to the police and which was stated to have been found from the purse of the victim. It has also been discovered during investigation that son of the petitioner (Armaan) and the victim had acquaintance with each other since July, 2020. On 7.6.2022 during their meeting, the petitioner had told the victim that horoscopes of her son Armaan and victim did not tally and hence marriage could not be solemnized. On this, victim went towards bathroom of the restaurant where she supposedly consumed poison. She was immediately taken to Regional Hospital, Una by petitioner and her son. The fact that the victim had consumed poison in the bathroom of the restaurant has been stated by the staff and owner of Mid Point Hotel, Una. As per the status report, even the CCTV footage of the restaurant did not suggest any suspicious circumstance. The bail application has been opposed only on the ground that the offence is serious. 6. As per petitioner, she and her son have not committed any crime. The victim consumed poison abruptly, that too, not within their sight. She probably was perturbed by refusal conveyed by the petitioner for marrying her son (Armaan) with the victim. It is contended on behalf of petitioner that the petitioner and her son have joined the investigation as and when required. Nothing is to be recovered from her. She is permanent resident of VPO Waliwal, Tehsil Haroli, District Una, H.P. and there is no likelihood of petitioner absconding from the course of justice. 7. I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have gone through the records. 8. As per the status report filed by the respondent, the preliminary investigation is complete. Petitioner has joined the investigation as and when required. No apprehension has been expressed regarding the possibility of petitioner fleeing from the course of justice. 9. While deciding the bail petition, this Court will not scan the material collected during investigation minutely, however, such material can always be looked into for assessing the gravity and seriousness of the allegations against the bail petitioner. 10. The case was registered on 8.6.2022. 9. While deciding the bail petition, this Court will not scan the material collected during investigation minutely, however, such material can always be looked into for assessing the gravity and seriousness of the allegations against the bail petitioner. 10. The case was registered on 8.6.2022. Even after almost three weeks of investigation, the police has not been able to lay hand on any evidence directly implicating the petitioner in abetting the suicide by the victim. 11. It is not the case of the respondent that custodial interrogation of petitioner is imminent in the case. In these circumstances, no fruitful purpose shall be served by keeping the petitioner in custody. Even otherwise, pre-trial incarceration is not the rule. 12. Petitioner is permanent resident of VPO Waliwal, Tehsil Haroli, District Una, H.P. She has undertaken to join the investigation as and when required. Petitioner has further undertaken not to tamper with the prosecution evidence. 13. In the peculiar facts and circumstances of the case, the petition is allowed and the petitioner is ordered to be released on bail, in case of her arrest, in FIR No. 192 of 2022, dated 8.6.2022, registered at Police Station, Una, District Una, H.P. under Sections 306, 34 IPC, on her furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of Investigation Officer. This order is, however, subject to following conditions: (i) The petitioner shall make herself available for the purpose of investigation, an and when required. (ii) The petitioner shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (iii) The petitioner shall not 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 the Police Officer. (iv) The petitioner shall not leave India without prior permission of this Court till completion of investigation and thereafter of the trial court, if any. 14. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove. Petition stands disposed of.