Jasbir Singh vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 325/11 dated 28.12.2011, registered at Police Station, Haroli, Distt. Una, H.P., under sections 363, 498 IPC.

It has been stated that Kuldip Kaur, daughter-in-law of complainant Charan Singh had been living in her in-laws house, her husband had gone to Saudi Arabia, Kuldip Kaur was being ill-treated by her in-laws, she left the matrimonial house and took shelter in the house of the petitioner. The petitioner is married, having wife, two children and old mother. The petitioner has been falsely implicated in the case. On the complaint, the police has taken into possession vehicle No. HP-40-8092 alongwith driver Hari Om alias Kala. The false allegations have been leveled against the petitioner that he has abducted/kidnapped Kuldip Kaur, who of her own took shelter in the house of the petitioner alongwith her two minor children.

The petitioner has committed no offence, he is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. The prayer has been made for releasing the petitioner on bail. The petitioner is handicapped.

The status report has been filed and bail has been opposed. It has been stated that on 27.12.2011, Charan Singh reported the matter that his daughter-in-law Kuldip Kaur had been missing since 27.12.2011 alongwith clothes, jewellary and cash amounting to Rs. 50,000/-. She had been making plan to move out of the house for the last three-four days.

On 28.12.2011, Charan Singh submitted written complaint at Police Post, Santoshgarh stating therein that Kuldip Kaur was married with his son Sukhbinder Singh in the year 2005. Sukhbinder Singh is living in foreign country for the last about one year. The petitioner is inimical towards them. On 26.12.2011, Jasbir Singh administered some tablets to Kuldip Kaur and kidnapped her alongwith two children. This fact came to their notice on 27.12.2011, when they did not find Kuldip Kaur in her room. On this, the case was registered.

On 31.12.2011, the petitioner and Kuldip Kaur alongwith children came to Police Station, Haroli and Kuldip Kaur stated that she of her own volition is living with petitioner. It has been stated that petitioner has illegally kept Kuldip Kaur with him. On 2.1.2012, Kuldip Kaur made a statement, u/s 164 Cr.P.C., that she is living with petitioner of her own. The prayer has been made for rejection of bail application.

Heard and perused the police file. In the status report itself, Kuldip Kaur on 31.12.2011 has stated in the police station that she is living with the petitioner of her own, thereafter in her statement u/s 164 Cr.P.C., she has stated that she is voluntarily living with the petitioner. It is the case of the petitioner that in-laws of Kuldip Kaur ill-treated her and her husband is living in foreign country. On account of ill-treatment, Kuldip Kaur left the house of the in-laws and took shelter in the house of the petitioner alongwith her two children. The petitioner is married and living with his wife, children and old mother. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail u/s 438 Cr.P.C. in his favour.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 325/11 dated 28.12.2011, registered at Police Station, Haroli, Distt. Una, H.P., under sections 363, 498 IPC, he shall be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of.