Keshav Ram vs State Of H.P

Jyotsna Rewal Dua, J

By means of this petition, petitioner seeks regular bail under Section 439 of Criminal Procedure Code in FIR No.99/2020, dated 01.04.2020, under Sections 306 and 498-A of the Indian Penal Code, registered at Police Station Sadar Mandi , District Mandi, H.P.

Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

The gist of the prosecution case against the bail petitioner as it comes out from the status report is that:-

3(i). On 31.03.2020 at around 07.25 p.m. an information was received at Police Chowki Pandoh to the effect that one Hem Raj had informed the Police Control Room Mandi that his niece Smt. Yamuna Devi had hanged herself to death in Sapechi forest. Upon receipt of this information, the police party reached the spot. Many villagers had already gathered there. A lady was found hanging by a rope around her neck on a 'Baan' tree. The lady was identified as Smt. Yamuna Devi, aged 25 years, wife of the present petitioner.

3(ii) The paternal relations of the deceased reached the spot. Her real brother Dhani Ram recorded his statement under Section 154 of the Code of Criminal Procedure to the effect that:- He was agriculturist by profession. They were in all two sisters and two brothers. All the siblings were married . The deceased was his youngest sister, who married the petitioner in 2016. Theirs was a love marriage. From this wedlock, the couple had two sons aged 3.5 and 1.5 years respectively. The couple had cordial relations for about two years after the marriage. However, thereafter the petitioner started quarreling with his wife. Deceased was harassed and physically tortured by the petitioner. She was continuously pressurized by him to bring money from her parents. On one occasion, the said Dhani Ram had given Rs.60,000/- in cash to his sister, however, demands of the petitioner never ended. About a year prior to the incident also, the petitioner had given beatings to the deceased, whereafter she had come to her maternal home. The family members tried to reconcile the husband-wife, mediated between them, as a result whereof deceased returned to her matrimonial home. Twenty days prior to the incident also, the deceased had telephonically informed her brother Dhani Ram that her husband working at Chandigarh was using abusive language with her on phone. The petitioner had not been looking after either the deceased or their children. He did not bear the expenses for treatment of his younger son admitted at that time in zonal hospital. The petitioner returned from his work place at Chandigarh to his native place on 20.3.2020. This incident happened on 31.3.2020. Therefore, the brother of the deceased Dhani Ram apprehended that the petitioner had instigated his sister to commit suicide.

3(iii) On the basis of above complaint, instant FIR was lodged and investigation ensued. During investigation, a mobile phone was recovered from a pocket of the zipper worn by the deceased. No injuries whatsoever were noticed on the dead body. The statements of witnesses were recorded under Section 161 of Cr.P.C. Postmortem was conducted on 1.4.2020. RFSL Mandi has submitted following report in respect of the viscera obtained from the dead body as well as in respect of the rope used for hanging by the deceased:-

" The contents of above said parcels were analyzed physically and chemically using color test and chromatography methods. No poison could be detected in the Contents of parcents P-1, P-2, P-3 and P-4....... The aforementioned exhibit was subjected to physical examination in the laboratory on the basis of above mentioned examination the result is as: 1.Exhibit E/1 can bear 75 kg weight easily. Death is possible by hanging with exhibit E/1. (2) Normal wear and tear is present in exhibit E.2a."

Medical officer has also submitted his final opinion on the postmortem report to the following effect:-

"deceased yamana devi 25 y.female died due to asphyxia secondary to ligature compression of the neck. Consistence with ante mortem."

3(iv) An earlier bail petition preferred by the petitioner was rejected by learned Sessions Judge Mandi on 22.05.2020, primarily on the ground that the investigation in the case at that time was still in progress. Report of RFSL Mandi was also awaited at that time.

Learned counsel for the petitioner submitted that the petitioner has been falsely roped with the offences. He has not abetted or instigated the deceased to commit suicide. All the allegations levelled against him were baseless. The investigation in this case is complete. RFSL Mandi has also submitted its report on the viscera of the deceased and with respect to the rope used for hanging. The medical officer has also submitted his final opinion. Nothing remains to be recovered from the petitioner, who has been fully cooperating with the investigation. The petitioner is in judicial custody w.e.f. 1.4.2020 and his further incarceration will not serve any purpose. The factual matrix has not been disputed by learned Additional Advocate General .

5(a) At this stage, detailed examination of the evidence is not required. However, what emerges from a perusal of the status report is that no complaint was ever lodged by the maternal/paternal relations of the deceased with the village Panchayat. No complaint whatsoever was ever lodged either by the deceased or by her relations with the police in respect of alleged atrocities committed by the petitioner over the years.

5(b) There is no document available on record at this stage to 'prime facie' prove the allegations levelled against the petitioner. No messages, comments relating to alleged atrocities or harassment by the petitioner were found in data of the mobile phone recovered from the deceased. The CDR (Call Detail Report) details of the mobile-phone of the deceased were obtained by the police during investigation. Inquiries were made from the persons with whom the deceased was in contact through her phone. All such persons were also unable to say anything about the atrocities allegedly committed upon the deceased by the petitioner.

5(c) The couple has two minor sons aged 3.5 years and 1.5 years respectively.

5(d) As per the status report, investigation in the case is complete and challan has also been prepared, for its presentation before the competent court.

5(e) Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the bail petitioner, considering the status report in its entirety, the RFSL & Medical opinion, as well as the fact that investigation in the case is now complete, I am inclined to grant bail in favour of the petitioner. Bail petitioner records willingness to cooperate with the Investigating Agency and to abide by all the conditions to be imposed upon him in case of grant of bail. He has also undertaken not to jump over the bail as well as not to temper the prosecution evidence. Petitioner is behind the bars w.e.f. 1.4.2020 and trial would take sufficient time, therefore in present Covid-19 pandemic times, no fruitful purpose would be served in keeping the bail petitioner behind the bars any further. Petitioner is permanent resident of village Sapechi, P.O. Pandoh, Tehsil Sadar, District Mandi, H.P. therefore, his presence can be secured in the trial. This bail application is accordingly allowed. Bail petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any; &

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.