Prem Lal vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition, filed under Section 439 of the Code of Criminal Procedure Code, a prayer has been made for release of the petitioner on

bail in case F.I.R. No.59 of 2020, dated 16.08.2020, registered against him at Police Station Darlaghat, District Solan, H.P., under Section 306 read

with Section 34 of the Indian Penal Code (hereinafter referred to 'IPC' for short).

Brief facts necessary for the adjudication of the present petition are as under:-

Petitioner was married with the deceased in the month of November, 2011. Out of this wedlock, two children were born. Wife of the petitioner, as per

the prosecution, committed suicide by consuming poison, on 16.08.2020. Thereafter, the F.I.R. in issue was lodged by father of the deceased, inter

alia, on the grounds that the petitioner i.e. husband of the deceased, used to quarrel with the deceased under influence of liquor and she was also

harassed by the accused. Petitioner is stated to be in custody since 17.08.2020.

Learned counsel for the petitioner has argued that petitioner is not guilty of the offence alleged against him and he is innocent. He has further

submitted that petitioner has two minor children, who are solely dependent upon him and as investigation is complete and the challan already stands

filed, no purpose is going to be solved by keeping the petitioner in custody and it will be in the interest of justice in case this petition is allowed and

petitioner is ordered to be released on bail. He has further submitted that in the event of the bail being granted to the petitioner, he shall comply with all

the conditions which may be imposed upon him by the Court.

Opposing the bail petition, learned Additional Advocate General argued that taking into consideration the gravity of the offence alleged against the

petitioner, this petition deserves to be dismissed, more so for the reason that there is each and every possibility that in the event of the release of the

petitioner on bail, he may try to influence the outcome of the trial by trying to win over the witnesses etc.

I have heard learned counsel for the parties and have also gone through the status report.

In the F.I.R. in issue, there are three accused. The parents of the accused have already been released on bail. It is not in dispute that the mother of

the petitioner was granted anticipatory bail by this Court, which was later confirmed and the father of the petitioner was released on bail in a petition

filed under Section 439 of the Cr.P.C.

Coming to the facts of this case, as investigation is complete and the challan already stands filed, in my considered view, no purpose is going to be

solved by detaining the petitioner in custody. The Court is making this observation for the reasons that it is not in dispute that marriage of the petitioner

with the deceased took place in the month of November, 2011 and on a query which was put by the Court to the learned Additional Advocate

General, the Court stands informed that no previous complaint etc. stood lodged at the behest of the deceased or her parents with regard to ill-

treatment of the deceased by the petitioner.

Accordingly, as investigation is complete and the challan already stands filed, this petition is allowed as prayed for and petitioner is ordered to be

released on bail so that he is in a position to look after his aged parents as well as minor children, in case F.I.R. No.59,2020, dated 16.08.2020,

registered against him at Police Station Darlaghat, District Solan, H.P., under Section 306 read with Section 34 of the Indian Penal Code, on his

furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount, 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;

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case; and

(iv) He shall not leave the territory of India without prior permission of the Court.

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.