Prem Raj vs State OF Himachal Pradesh

Jyotsna Rewal Dua, J

FIR No. 68/2020 has been registered against the petitioner on 16.7.2020 under Section 306 of Indian Penal Code in Police Station, Chirgaon,

District Shimla. By means of the instant petition, petitioner seeks bail in this FIR.

Heard learned counsel for the parties and gone through the status report.

The prosecution case against the petitioner is that one Chaman Lal lodged a complaint on 16.7.2020 with the police to the effect that:

3(i) Smt. Roshni Devi was his sister. They had one more brother. Roshni Devi had studied up to Class-IV. She had married the petitioner about seven

years ago. It was second marriage for both of them.

3(ii) On 12.7.2020, between 9:30 to 10:00 P.M. Roshni Devi had called her mother on mobile phone. While crying on phone, Roshni Devi had said that

her husband (petitioner) was quarreling with her.

3(iii) On 13.7.2020 petitioner came to their house (maternal home of Roshni Devi) and informed that Roshni Devi had left the house at 6:0 A.M. and

had not returned thereafter. Complainant alongwith his relations looked for Roshni Devi but could not find her.

3(iv) On 15.7.2020, complainant was informed by the police that Roshni Devi had hanged herself to death. Her body was found hanging from a tree

around 250 meters away from her home.

3(v) It was further complained that petitioner used to quarrel with Roshni Devi. He did not even give her money for charging her phone and her phone

was usually charged by her brothers.

On the basis of above complaint, the FIR in question was registered.

Learned counsel for the petitioner raised the plea of false implication and innocence of the petitioner. He further submitted that it has also come in

the investigation that Roshni Devi could not conceive a child. For this reason she was emotionally under stress and used to pick up fights with the bail

petitioner. Petitioner had no role to play in the suicide committed by his wife Roshni Devi. Learned Counsel further submitted that petitioner is neither

in a position nor he will temper prosecution evidence or influence prosecution witnesses in case of enlargement on bail. Learned Additional Advocate

General opposed the grant of bail in view of the gravity of the offence allegedly committed by the petitioner.

According to the status report, the bail petitioner had gone to house of his in-laws on 13.7.2020 and informed them that Roshni Devi had left home

on 6:00 a.m. and had not returned thereafter. Petitioner had himself lodged the missing report of his wife on 14.7.2020. During investigation, a rope

was also recovered from the spot. According to the post mortem report cause of death was “cerebral hypoxia due to the compression of large

vessels supplying brainâ€. No suicide note was recovered from the spot or from the house of the deceased. No complaint against the petitioner was

ever made by the deceased Roshni Devi or by her relations to any authority or to the police. The couple was married to each other for the last about

seven years and was admittedly issue-less.

Without discussing the evidence and investigation carried out in the matter, in view of the nature of the allegations levelled against the petitioner and

considering the aspects noticed above, further incarceration of the petitioner will not serve any fruitful purpose. Petitioner belongs to village and Post

Office, Khashdhar, Tehsil Chirgaon, District Shimla, therefore, his presence can be secured in the trial. Therefore, the present bail petition is allowed.

Petitioner is ordered to be released on bail on his furnishing personal bond of Rs. 50,000/- with one local surety in the like amount to the satisfaction of

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) In case of launching by prosecution, 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 matter without being influenced by above observations. With the aforesaid

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

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However,

the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so

required.

Authenticated copy of this judgment duly authenticated by the Secretary be supplied to learned counsel for the parties, if so requested.