Kamal Dev vs State of H.P.

Dharam Chand Chaudhary, J.—1. Petitioner is an accused in a case registered against him vide FIR No. 241/15 under Section 306 of the Indian Penal Code in Police Station, Ghumarwin, District Bilaspur on 26.12.2015. Learned Additional Advocate General has placed on record the police report and the IO Sub Inspector Roshan Lal of Police Station, Ghumarwin has produced the record.

The occurrence pertains to 25.12.2015 when one Anita Thakur informed the police of Police Station, Ghumarwin, District Bilaspur that one lady outside her house at Chehad is abusing her. She sought the intervention of the police in the matter. Consequently, the IO Sub-Inspector Roshan Lal accompanied by Head Constable Prakash Chand, Constable Rakesh Kumar and lady Constable Pushpa Devi rushed to the spot. They noticed that Anita Devi (since dead) is lying there in an unconscious condition. She was removed by the police to the hospital at Ghumarwin where she was declared dead. Information was given to her brother Sh. Om Prakash of Village Sihda (Chehad) Tehsil Sadar, District Bilaspur over his cellphone. Said Sh. Om Prakash came to the spot and made the statement that the deceased was married to Rajesh Kumar of Village Hambot, District Biaspur in the year 2000. She lived with her husband at Adillabad in Andhra Pradesh during the period, 2000-2014. One male issue master Shaurya Sharma was born to her in the year 2005. In the year 2014, she returned to Ghumarwin and one Anil Kumar(Mintoo) proclaimed that he will arrange some land and a house for her if she pay a sum of Rs. 15,00,000/- to him. He seems to have failed to do so, which resulted in certain disputes amongst them including registration of FIR under Section 376 IPC by her against said Sh. Anil Kumar. It is thereafter she started residing in the house of one Gurdass Singh at Village Bajoha (Ghumarwin) along with her minor son Shaurya. Accused-petitioner used to come to her quarter off and on proclaiming himself to be her body guard. The complainant further disclosed to the police that he has every reason to believe that his sister has committed suicide after being tortured and harassed by accused-petitioner Kamal Dev.

On the statement so made by Sh. Om Prakash, the police has registered a case under Section 306 of the Indian Penal code against the accused-petitioner. The petitioner has been arrested by the police on the day of occurrence itself i.e. 25.12.2015 and presently he is in judicial custody.

During the course of investigation, besides other evidence master Shaurya Sharma, son of the deceased has made a statement and the Judicial Magistrate concerned has recorded the same under Section 164 Cr.P.C. The investigation is still in progress, as the reports from Forensic Science Laboratories, Mandi and Junga are awaited. The apprehension of the police is that since the accused-petitioner is a Head Constable in the Police Department, therefore, in the event of he is admitted on bail, he may hamper the investigation of the case and tamper with the prosecution evidence.

Having gone through the record available at this stage and also taking into consideration, the submissions made on behalf of the accused-petitioner as well as the respondent-State, it transpires that the deceased was brought to Ghumarwin by one Anil Kumar (Mintoo). He allured the deceased to arrange for land and construct a house for her on payment of a sum of Rs. 15,00,000/- by her to him. He allegedly failed to do so despite of he received the amount in question from the deceased. It appears that a case under Section 376 IPC was registered at her instance against said Sh. Anil Kumar. She seems to have filed a case against said Sh. Anil Kumar in Civil Court at Ghumarwin. The statement of her son Shaurya Sharma under Section 164 Cr.P.C recorded during the course of investigation reveals that the judicial Court at Ghumarwin had provided police protection to the deceased. The record further reveals that the accused-petitioner had free access to the accommodation she hired from Gurdass Singh. The record further reveals that the accused-petitioner used to quarrel with her and had also been administering beating to her. Whether he was her body guard or not, nothing can be said in this regard at this stage. The fact, however, remains that he had frequent access to her place of living and they both had acquaintance with each other. In the statement under Section 154 Cr.P.C and also that of master Shaurya, there is a reference qua her torturing and harassment at the hands of the accused-petitioner, however, at this stage, nothing can be said about the degree of such harassment and maltreatment as well as gravity and nature thereof.

On the other hand, the accused-petitioner has been interrogated by the police and at present he is in judicial custody. He is a local resident and residing within the jurisdiction of Police Station, Ghumarwin. Not only this but he is a Government servant being serving the Police Department as Honorary Head Constable and was posted as such in Police Line, Bilaspur at the time of occurrence. Therefore, he has roots in the society and this Court feels that there is no likelihood of his fleeing away from justice and non-availability at the time of his trial in the Court. The apprehension of the investigating agency that being a police official, he may hamper the investigation of the case or tamper with the prosecution evidence seems to be justified, however, on this score also, the liberty of bail cannot be denied because while admitting the accused-petitioner on bail, suitable conditions can be imposed upon him to ensure that investigation of the case is not hampered by him and the evidence collected by the police is not tampered with in any manner whatsoever.

Therefore, having regard to the given facts and circumstances of the case discussed hereinabove, this application is allowed. Consequently, the accused-petitioner is ordered to be admitted on bail subject to his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Bilaspur/Judicial Magistrate, Ghumarwin. The accused-petitioner shall not hamper the investigation of the case in any manner whatsoever. In the event of any instance of tampering with the prosecution evidence and hampering the investigation of the case comes to the notice of the police or otherwise brought to the notice of the investigating agency by the complainant or any other person connected with this case, the respondent-State shall be at liberty to move for cancellation of the bail granted to the accused-petitioner. The accused-petitioner shall further abide by the following conditions:--

"That he shall:--

(a) make himself available for interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end;

(b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

(c) 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.

(d) not leave the territory of India without the prior permission of the Court."

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