Jagat Ram vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 237 of 2011 dated 15.11.2011 registered at Police Station, Nalagarh, under Sections 498-A and 306 IPC.

It has been stated that the petitioner has been arrested in the above case. He filed bail application which has been dismissed by the learned Additional Sessions Judge, Solan, Camp at Nalagarh on 8.12.2011. The bail has been declined to the petitioner on the ground that the report from Forensic Science Laboratory has not been received and that case is of serious nature.

It has been stated that deceased committed suicide and petitioner in no way is connected with the suicide or its abetment. The petitioner never treated the deceased with cruelty nor harassed her. The petitioner is the sole bread earner for entire family consisting of old parents, two minor girls. The father of the petitioner has suffered a paralytic attack and is under treatment. The petitioner has been falsely implicated in the case. The prayer has been made for releasing the petitioner on bail.

The status report has been filed and bail application has been opposed. It has been stated that case has been registered on the statement recorded u/s 154 Cr.P.C. of Jai Ram father of the deceased Mehindro Devi alias Babli. It has been stated that Mehindro Devi alias Babli was married with petitioner in the year 2005. The deceased after marriage several times told the complainant that petitioner had been beating her. The complainant advised the petitioner but no improvement was made by the petitioner.

The deceased visited her parents house four days ago but petitioner took her back. In the morning, he received message that Mehindro Devi had been admitted in the hospital but later on he came to know that Mehindro Devi had died. It has been alleged that Mehindro Devi had committed suicide on account of ill-treatment at the hands of the petitioner, on this case was registered.

The petitioner was arrested on 15.11.2011 and after 18.11.2011 he is in judicial custody. The report from Forensic Science Laboratory is still awaited. It has come during investigation that in-laws of Mehindro Devi had pressed her for bringing motorcycle. The prayer has been made for rejection of the bail application.

Heard and perused the police file. The marriage between the petitioner and deceased took place six years ago. It has not been pointed out that during this period any misconduct of the petitioner was brought to the notice of the lawful authorities by the deceased or anybody else. There is no suicide note. The investigation in the case according to learned Additional Advocate General is almost complete, only report from Forensic Science Laboratory is awaited. It has been stated by the learned counsel for the petitioner that petitioner has two daughters aged 5 and 2 years who are not being looked after properly in absence of the petitioner, their mother has already died.

The petitioner was arrested on 15.11.2011 and since then he is in custody, till now even report u/s 173 Cr.P.C. has not been filed. In the status report the accusation of demand of motorcycle has not been made specifically against the petitioner. No specific demand of dowry, cruelty or harassment during subsistence of marriage between petitioner and deceased has been pointed out. It is unfortunate that Mehindro Devi alias Babli has died but no purpose will be served to keep the petitioner for indefinite period behind the bars in a case where even report u/s 173 Cr.P.C. has not been filed. The trial will take its own time. In these circumstances, the petitioner has made out a case for grant of bail.

In view of above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No. 237 of 2011 dated 15.11.2011 registered at Police Station, Nalagarh, under Sections 498-A and 306 IPC, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of any Judicial Magistrate at Nalagarh with the condition that the petitioner shall not overawe or influence the prosecution witnesses nor shall tamper with the prosecution evidence in any manner.

The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.