Sunil Chandel vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr. MP (M) Nos. 664 and 665 of 2012 filed by Sunil Chandel and Himmat Singh, u/s 439 Cr.P.C. for releasing them on bail in FIR No. 128/12 dated 28.5.2012, registered at Police Station, Sadar, Distt. Bilaspur, under sections 498A, 354, 306, 34, 34 IPC. It has been stated that petitioners have been falsely implicated in the case. On the basis of police report, no case is made out against the petitioners. The petitioner Sunil Chandel is doing his job at Baddi in a private company and has been living there. He came to his village on hearing that his sister-in-law had committed suicide, but he has been arrested and now is in police lock up.

The petitioner Himmat Singh is living in his village Salassi, whereas deceased was living at Ghumarwin alongwith children. The deceased had been coming once in a month in her house and used to go back next day. It has been alleged that allegations against Himmat Singh are false.

The petitioners have been falsely implicated in the case. The investigation in the case is complete; nothing is to be recovered from or at the instance of the petitioners. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of the court. The petitioners had filed bail applications, which were dismissed by the learned Sessions Judge, Bilaspur on 21.6.2012. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr. MP (M) No. 664 of 2012. It has been stated that case has been registered on the basis of written complaint dated 28.5.2012 of Smt. Shakuntla Devi. The complainant has stated that her daughter Monika Devi was married with Vinod Kumar about three years ago. They had no dispute. The children were living with her daughter. The complainant has stated that her daughter earlier told her that when she used to visit her in-laws, the father-in-law and brother-in-law used to do obscene acts, her daughter brought the misbehaviour of her father-in-law and brother-in-law to the notice of her mother-in-law. She was told by the mother-in-law that she could not conceal small matters. The complainant also stated that her daughter told her that when she used to visit her in-laws, then they used to beat her for bringing dowry. The complainant told that she talked to Sunil Chandel on telephone, who retorted that they were at liberty to take action against them. He threatened that they would behave in their own way.

On 27.5.2012 at about 11.00 the daughter of the complainant told the complainant on telephone that her mother-in-law, father-in-law and brother-in-law were beating her. They also said that they would behave in the same manner. The complainant said that her daughter was untraceable. The complainant requested for taking action. On this case was register.

On 28.5.2012 at Kandrour bridge the police took into possession Dupatta, Chappal, Panjaib, locket and suicide note. On the suicide note the name of Monu was written. Prima facie, it was found to be a case of suicide. The complainant identified the articles were that of her daughter. The complainant apprehended that her daughter has committed suicide due to ill-treatment of her father-in-law, mother-in-law and brother-in-law. The suicide note implicates the mother-in-law Meera Devi, father-in-law Himmat Singh and brother-in-law Sunil Chandel. Meera, Himmat and Sunil Chandel were arrested on 28.5.2012.

It has been stated that dead-body of the deceased despite best efforts could not be fished out from Satluj river. The investigation in the case is in progress. The suicide note has been sent to FSL for opinion and the report has been received. The bail applications of Himmat Singh, Sunil Chandel were rejected by the learned Sessions Judge, Bilaspur on 21.6.2012. However, Meera Devi has been granted bail by the High Court on 19.7.2012 in Cr. MP (M) No. 609 of 2012.

It has come in investigation that Monika got married with Vinod Kumar who is serving in Assam Rifles. The first wife of Vinod Kumar had died. The deceased had no issue, but she was helping in rearing up the children of Vinod Kumar from the first wife. It has come in the investigation that father-in-law, mother-in-law and brother-in-law of the deceased were torturing the deceased both mentally and physically. The submission has been made for rejection of the bail application.

Heard and perused the record. The learned counsel for the petitioners has submitted that petitioners are innocent. The dead-body of the deceased has not yet been traced. The alleged suicide note and other alleged articles of the deceased were mysteriously recovered from the bridge. The petitioner Sunil Chandel has been working at Baddi. He came to the village when he came to know about the death of his sister-in-law, but he has been falsely implicated in the case. Meera Devi, mother-in-law of the deceased has been released on bail on 19.7.2012 in Cr. MP (M) No. 609 of 2012 on the ground that she was suffering from third stage of cancer and was admitted in IGMC, Shimla. The investigation in the case is in progress. The prosecution is relying on the suicide note of deceased implicating the petitioners, hence the petitioners are not entitled to bail. Both the petitions are dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.