Renu Bala vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court seeking anticipatory bail in case FIR No. 15 of 2022, dated 14.2.2022, registered in Police Station Dalhousie, District Chamba, H.P. under Sections 306 and 34 IPC.

Status Report stands filed and record has also been made available.

Prosecution case in brief is that brother-in-law (Jija) of petitioner namely Umit Pal has committed suicide on 14.2.2022 leaving behind a suicide note stating therein atrocities of his wife as well as her brother and sisters including petitioner are cause to drive him to commit suicide and, therefore, petitioner alongwith others has been named in the FIR as an accused. Suicide note recovered from the site of suicide i.e. room, has been sent to Regional Forensic Science Laboratory, Dharamshala for comparison with handwriting of Umit Pal.

It has been submitted on behalf of petitioner that she is residing at Ludhiana and wife of deceased is serving as Teacher in Kendriya Vidyalaya of CRPF at Jammu and none of them were in regular contact of deceased and, thus, were not in a position to influence or pressurize the deceased to do anything against his wishes much less to compel him to commit suicide, and they were not having any control over the acts of deceased and immediately before committing suicide or even for a long period prior thereto, petitioner was not in contact of deceased and, therefore, it has been submitted that petitioner is not responsible for suicide committed by deceased. It has been further stated that deceased himself was planning to sell his property, as he had raised loans and was under depression since last more than two years for non-payment of loan amount and he was under psychiatric treatment.

It has been further canvassed on behalf of petitioner that main co-accused in present case Neha, wife of deceased, has been enlarged on bail by learned Sessions Judge vide order dated 28.2.2022 passed in Bail Application No. 34 of 2022, whereas Anticipatory Bail application filed by petitioner has been dismissed on 24.2.2022, despite the fact that nothing is to be recovered from the petitioner and petitioner, being resident of Ludhiana, having no link with residents of the area of resident of deceased so as to influence the witnesses, rather complainant is brother of deceased, who in no manner is going to be influenced by petitioner. Whereas bail application has been rejected by learned Sessions Judge on the ground that petitioner has committed heinous crime and she can threat or dissuade the witnesses, but not for requirement of custodial interrogation of the petitioner and, therefore, keeping in view the provisions of Section 437 Cr.P.C. and considering the entire case of the petitioner in parity with co-accused Neha, prayer for enlarging the petitioner on bail has been made.

Learned Additional Advocate General has opposed grant of bail to the petitioner by reiterating the prayer made in the status report that petitioner has committed heinous crime which is evident from the detailed suicide note left behind by deceased disclosing the role of petitioner and others so as to drive deceased to commit suicide and, therefore, prayer for dismissing the petition has been made.

Keeping in view the provisions of Section 437 Cr.P.C. and also grant of bail to co -accused Neha, coupled with the fact that no prayer for custodial interrogation has been made in the status report, but without commenting upon merits of the case, however taking into consideration the factors and parameters required to be considered at the time of adjudication of the bail application, as propounded in various pronouncements of the Supreme Court, I am of the considered opinion that petitioner deserves to be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of 50,000/- with one surety in the like amount, to the satisfaction of learned CJM/Judicial Magistrate First Class, Dalhousie/Chamba within two weeks from today and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure presence of the petitioner at the time of trial:-

(i) That the petitioner shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(ii) that the petitioner shall 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 Court or to any police officer or tamper with the evidence. She shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse her liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) she shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon her, her bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.