Ram Pal Dhiman vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 25 of 2019, dated 02.02.2019, under Sections 498A and 506 IPC read with Section 34 IPC, registered in Police Station Parwanoo, District Solan, H.P.

As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

Police report stands filed. As per the prosecution story, on 02.02.2019 Smt. Aakshi Devgan (complainant) made a written complaint to the police, wherein she alleged that her husband, father­ in­law and mother­in­law (petitioners herein) used to beat her for bringing insufficient dowry. She has further alleged that she was married to Vikas Dhiman (petitioner in Cr.MP(M) No. 1013 of 2019) on 27.10.2017, but after some days of marriage, the petitioners started beating her and they demanded more dowry. Due to continuous torture by the petitioners the complainant became patient of depression and her treatment was done from H.M.T. Hospital Pinjore. The petitioners raised demand of rupees fourteen lac for purchase of house for petitioner Vikas Dhiman. The petitioners also threatened her to do away with her life, in case she tries to divulge her story to anyone. On the basis of the complaint, so made by the complainant, police registered a case against the petitioners and the investigation ensued. Police procured the records qua the marriage of the complainant with petitioner Vikas Dhiman. Statements of the witnesses were recorded. Stridhan given at the time of the marriage by the parents of the complainant was handed over to the complainant. As per the police, the petitioners are joining and co­operating in the investigation. Accused Gaurav Dhiman, who is devar of the complainant could not join the investigation, as he is studying abroad. Lastly, the prosecution has prayed that the petitioners have committed serious offence and in case they are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so their applications may be dismissed.

I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the record, including the report of the police, carefully.

The learned Counsel for the petitioners has argued that the petitioners are innocent and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. He has further argued that the petitioners are joining and co­operating in the investigation, so their custody is not at all required. Conversely, learned Additional Advocate General, has argued that the petitioners have committed serious offence and in case at this stage they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. He has further argued that at this stage the petitioners may not be released on bail and their applications be dismissed.

At this stage, considering the fact that the petitioners are joining and co­operating in the investigation, the nature of the offence, considering the age of petitioners Ram Pal Dhiman and Tripta Dhiman, the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and also considering the overall aspects of the case, which have come on record, and without discussing the same at this stage this Court finds that no purpose will be served by sending the petitioners behind the bars, especially when they are joining and co­operating in the investigation. So, this Court finds that the present is a fit case where the judicial discretion to admit the petitioners on bail, in the event of their arrest, in case FIR No. 25 of 2019, dated 02.02.2019, under Sections 498A, 506 IPC read with Section 34 IPC, registered in Police Station Parwanoo, District Solan, H.P., on their furnishing personal bond to the tune of `25,000/­ (rupees twenty five thousand) each with one surety each in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions:

(i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii) That the petitioners will not leave India without prior permission of the Court.

(iii) That the petitioners will not directly or indirectly 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 Investigating Officer or Court.

In view of the above, the petitions are disposed of.

Copy dasti.