Jitender Kumar vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused in case FIR No. 07/2023, dated 10.01.2023, registered under Section 306 of the Indian Penal Code, at Police Station Rohru, District Shimla, H.P.

Petitioner is in custody since 10.01.2023.

The allegation against the petitioner is that he has abetted the suicide committed by his wife on 07.01.2023. The matter was reported to the police on 10.01.2023 by the father of the deceased. It is alleged that petitioner was residing with his wife (deceased) and son at Rohru in a rented accommodation. He was habitual of drinking and used to harass the deceased in intoxicated condition. The complainant has alleged that deceased had made so many complaints to him but till the date of death of the deceased, no complaint had been made to any other authority whosoever.

Petitioner has prayed for grant of bail on the grounds that he is innocent and has not committed any offence. It is submitted that petitioner was married to the deceased for the last about fourteen years. He has a son studying in Class-VII at Rohru. There is no legal evidence to implicate him. It is further submitted that the preliminary investigation is  almost  complete.

Petitioner is already  in judicial custody and no fruitful purpose  shall be served by keeping him in custody.

On the other hand, learned Additional Advocate General has opposed the bail, on the ground that there are serious allegations against petitioner. In case of his release on bail, petitioner may tamper with the prosecution evidence. The investigation is still continuing and the same is likely to be prejudiced by releasing the petitioner on bail.

I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report.

It is evident from the status report that the married life of the petitioner and deceased had continued for about fourteen years. There was not even a single complaint either by the deceased or any of her family members to the police or any other authority regarding alleged misconduct of the petitioner. Nothing is revealed from the status report as regards any specific act of omission or commission committed by petitioner in proximate vicinity of time, when suicide was committed. These observations have been made merely to assess the seriousness and gravity of allegations against petitioner.

Petitioner is permanent resident of Village Damdaddi, P.O. Dharada, Tehsil Tikker District Shimla, H.P.. The young child requires his care  and custody.  It  is  not  alleged against petitioner that he has not been treating his son well. Rather, it is inferable from records that petitioner has hired a rented accommodation at Rohru for educating his son.

There is nothing on record to suggest that petitioner will be a threat to fair investigation or trial. Any such apprehension can otherwise be duly taken care of by putting the petitioner to appropriate terms. Most of the prosecution witnesses are the relations of deceased from her paternal side. There is hardly any likelihood of such witnesses being influenced by the petitioner.

Petitioner is already in judicial custody. No fruitful purpose shall be served by detaining him in judicial custody for indeterminate period. The investigation can continue fairly even after release of petitioner on bail. Pre-trial incarceration is not the rule.

Petitioner is permanent resident of Village Damdaddi, PO Dharada, Tehsil Tikker District Shimla, H.P. and there is no likelihood of his absconding or fleeing from the course of justice.

Keeping in view the entirety of facts and circumstances of the case, the instant petition is allowed and petitioner is ordered to be released on bail in case FIR No. 07/2023, dated 10.01.2023, registered under Section 306 of the Indian Penal Code, at Police Station Rohru, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate First Class, Rohru, Distt. Shimla, H.P. This order shall, however, be subject to the following conditions:-

i) Petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand.

iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail.

(iv) Petitioner shall not leave India without permission of learned trial Court till completion of trial.

Any expression of opinion herein-above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.