Mast Ram vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Status report has been filed, which is perused and taken on record.

Heard.

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code, the petitioner has prayed for grant of regular bail in FIR No. 59 of 2020, dated 16.08.2020, registered at Police Station Darlaghat, District Solan, HP, under Sections 306 read with Section 34 of the Indian Penal Code (hereinafter referred to 'IPC' for short).

Learned Counsel for the petitioner has argued that death of daughter-in-law of the petitioner is highly unfortunate, however, the petitioner is not guilty of the offences alleged against him. He submits that marriage of son of the petitioner with the deceased took place as far back as in the year 2011, and since then, no complaint was ever made by the deceased or any of her family members against the petitioner that he, in any manner, harassed the deceased. He further submits that he has instructions to state that deceased was treated as daughter by the petitioner and his family and he is not guilty of abetting the unfortunate incident in which deceased lost her life. He further submits that investigation is complete and challan has also been filed in the Court and therefore, as no recovery is to be effected at the instance of the petitioner, no purpose is going to be served by keeping him behind bars. On these grounds, learned Counsel prays that the petitioner be released on bail.

On the other hand, learned Deputy Advocate General while opposing the bail, submitted that as the allegations levelled against the petitioner are grave and heinous, therefore, this bail petition be dismissed, because there is each and every possibility that the petitioner, if released on bail, may try to influence and win over the prosecution witnesses and thus hamper the course of trial.

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

It is not in dispute that wife of the petitioner has already been ordered to be released on bail by the Court. It is further not in dispute that investigation in the case is now over and challan has already been filed in the Court. In this view of the matter, as now, no recovery etc. is to be effected at the instance of the petitioner and further as during the course of arguments, it could not be pointed out that before the occurrence of the unfortunate incident, the investigation has revealed that deceased was harassed previously by the petitioner. Accordingly, this petition is this bail petition is allowed and the petitioner is ordered to be released on bail in FIR No. 59 of 2020, dated 16.08.2020, registered at Police Station Darlaghat, District Solan, HP, under Sections 306 read with Section 34 of the Indian Penal Code, on his furnishing personal bail bond to the tune of Rs.25,000/- with one surety in the like amount, to the satisfaction of learned Trial Court, within a period of two weeks from today, subject to the following conditions:-

i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

ii) He shall not tamper with the prosecution evidence in any manner whatsoever.

iii) He shall 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; and

iv) He shall not leave the territory of this Country.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

Copy dasti.