Muvashar Hassan vs State of Himachal Pradesh

Kuldip Singh, J.—This judgment shall dispose of Cr. M.P.(M) Nos. 813, 814 and 815 of 2012 filed by Muvashar Hassan, Yasmin and Rubeena respectively u/s 438 Cr. P.C. for releasing them on bail in FIR No. 185/12 dated 22.8.2012, registered at Police Station, Nalagarh, under Sections 498A, 34 IPC. Muvashar Hassan is the husband, Yasmin is the sister-in-law and Rubeena is the mother-in-law of complainant Parul. It has been stated by the petitioners that they have been falsely implicated in the case. The allegations against the petitioners are that they maltreated the complainant. The complainant left the matrimonial house on 1.7.2012 when she was objected by Muvashar Hassan not to beat son Arash Ahmed, aged 3 years. The petitioner alongwith Pervez and his wife went to the parental house of the complainant to bring her back alongwith son but she refused.

It has been stated that complainant left the matrimonial house without any reason. On account of registration of the case the petitioners are apprehending their arrest. The petitioners are innocent. They have committed no offence. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr. M.P.(M) No. 813 of 2012. The interim bail was granted on 30.8.2012. The petitioners have joined the investigation. On 5.9.2012 the husband of the complainant offered to return the articles to the complainant. The case was adjourned. The learned Addl. Advocate General has shown from the police file, affidavit dated 11.9.2012 of Parul complainant stating that she married with Muvashar Hassan on 17.1.2008 and from the marriage she has son Arash Ahmed aged 31/2 years. She filed complaint against her husband due to mis-understanding. On 10.9.2012 she came to Sundernagar alongwith police officials to take her Istri Dhan back from her husband but matter was compromised between both of them. She does not want to take back her Istri Dhan. In view of the stand of the complainant by way of affidavit, the petitioners have made out a case for grant of bail u/s 438 Cr. P.C.

In view of above, petitions are allowed. In the event of arrest of petitioners in FIR No. 185/12 dated 22.8.2012, registered at Police Station, Nalagarh, under Sections 498-A, 34 IPC, they are ordered to be released on bail on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of Arresting Officer, with the condition that the petitioners 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. The petitioners No. 2 and 3 being women shall be interrogated in accordance with law. The observations made in the judgment are for disposal of the bail petitions and same shall not be construed as an expression of opinion on the merits of the case.

Copy �dasti�.