Hans Raj vs State of Himachal Pradesh

Dharam Chand Chaudhary, J.—Learned Additional Advocate General has placed on record the police report and the Investigating Officer, ASI Hans Raj, Police Station, Nagrota Bagwan, District Kangra has produced the record. Heard.

The accused-petitioner has been arrested in connection with FIR No. 198 of 2012 registered against him under Sections 307 and 498-A of Indian Penal Code in Police Station, Nagrota Bagwan, District Kangra on 16.12.2012.

The allegations against him are that on 16.12.2012, complainant Smt. Sumna Devi, his wife around 7/7.15 p.m. after serving food to the accused-petitioner and the children and thereby taking food herself as well as cleaning the utensils etc. in the kitchen, went to room for sleeping. The accused-petitioner allegedly picked up a quarrel with her and asked to leave the house as she was not required by him to be there. She managed the escape of her younger daughter who was also sleeping in the room so that he may not beat her also. He allegedly picked-up kerosene oil can lying in the room and sprinkled the kerosene therefrom which fell on her right leg below waist and right arm. She pushed him aside, however, he managed to lit the match stick and threw the same towards her. On this, her clothes caught fire and she received burn injuries. She reported the matter to the police. On the basis of the report so made by her, the case aforesaid has been registered against him.

The record reveals that challan has been filed and the trial is pending disposal in the Court of learned Additional Sessions Judge (I), Kangra at Dharamshala. The record further reveals that charge against the accused-petitioner has been framed and the trial is now adjourned to 2nd September, 2013 for recording the prosecution evidence.

Learned counsel representing the accused-petitioner has strenuously contended that there is no iota of evidence to show that the accused has committed an offence punishable u/s 307 and 498-A of Indian Penal Code and that the case has been fabricated and engineered against him.

At the stage of consideration of an application of this nature, detailed examination of the evidence available on record is not required nor would it be appropriate to make any observation qua the merits of the case. Suffice would it to say that the accused petitioner is in custody right from the date of registration of this case against him. The investigation is almost complete. The apprehension of the Investigating Agency that in case he is released on bail, he may tamper with the prosecution evidence or influence the prosecution witnesses, can otherwise be taken care of by imposing suitable conditions upon him.

On the other hand, charge against him stands already framed, however, he is yet to be tried to find out the truth in the allegations made against him. Till he otherwise is held guilty, his further detention in this case is not warranted, particularly when he is a local resident and there is no likelihood of his fleeing away from justice. This application, therefore, succeeds and the same is accordingly allowed. The accused-petitioner, who has been arrested in connection with a case registered against him vide FIR No. 198 of 2012 under Sections 307 and 498-A of Indian Penal Code, shall be released on bail, subject to his furnishing personal bond in the sum of ?25,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the arresting police officer/investigating officer on the following conditions:-

(a) he shall not tamper with the prosecution evidence and hamper the investigation of the case in any manner, whatsoever;

(b) he shall not make any inducement, threat or promises to any person acquainted with the facts of the case, dissuade him/her from disclosing such facts to the Court or the Police Officer;

(c) he shall keep on visiting the Police Station, Nagrota Bagwan once during each and every fortnight and leave his address with the Station House Officer, where he would be available, if required, till the statements of material witnesses, i.e. complainant, her daughter and brother are recorded.

It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

Any observations made hereinabove shall not be construed to be reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The application stands accordingly disposed of.

Copy dasti.