Varinder Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner has prayed for grant of anticipatory bail in FIR No. 57/2020, dated 1.10.2020, registered under Section 498-A, 406, 506 and 34 of Indian Penal Code at Police Station, Kotkhai, District Shimla, H.P.

2(i) According to the status report, on 1.10.2020 a complaint was lodged by Smt. Ruchi Chauhan about repeated dowry demands as well as her physical and mental torture by her husband and in-laws. It was also alleged that her husband and in-laws had illegally retained various articles given to the complainant at the time of her marriage by her parents. On the basis of allegations levelled in the complaint instant FIR was registered and investigation ensued.

2(ii) It is mentioned in the status report that the complainant married Shri Raman Chauhan (petitioner in Cr.MP(M) No. 1770 of 2020) on 31.10.2019, whereafter the couple lived for sometime at Kalka and thereafter in Parwanoo alongwith the parents of Raman Chauhan (husband of the complainant), who was working at that time in ESI Hospital, Parwanoo. W.e.f. March 2020, the couple started residing in Raman Chauhan's ancestral home at village Rakanv, Tehsil Kotkhai, District Shimla. The desire of the complainant to do some private job was not agreeable to her in-laws. The status report also mentions that the complainant on getting sick was not medically treated by her husband. She thereafter returned to her parental home in the month of September, 2020.

As per the status report, during investigation, ingredients of Section 406 of Indian Penal Code were not found, therefore, the section was removed from the FIR. Interim protection was granted to the petitioner vide order dated 5.10.2020, pursuant to which the petitioner has joined and is cooperating with the investigating agency. Various articles given to the complainant at the time of her marriage have statedly been returned by the husband and in-laws of the complainant to the investigating agency which have further been handed over to the complainant. Status report further records that investigation in the matter is almost complete.

Learned Counsel for the petitioner submitted that the petitioner is father-in-law of the complainant. He has been falsely implicated with the alleged offence. Petitioner has not committed the offences alleged against him. The petitioner has further undertaken to abide by all the conditions which may imposed upon him in case interim protection granted to him vide order dated 5.10.2020 is made absolute.

Learned Additional Advocate General submitted that though the investigation in the matter is almost complete and petitioner has been associating and co-operating with the investigation agency, however, in case this Court is inclined to confirm the interim protection granted in favour of the petitioner, then the same may be done subject to strict conditions.

Considering the fact that the complainant is residing in her parental home w.e.f. September 2020 and as per the status report various articles given to her at the time of her marriage have already been returned to her and also the fact that the petitioner belongs to Village Rakanv, Tehsil Kotkhai, District Shimla, thus his presence can be ensured in the trial, no fruitful object will be achieved by sending the petitioner to judicial custody at this stage. Investigation in the matter is stated to be almost complete wherein petitioner is associating and cooperating. Accordingly, the interim protection granted vide order dated 5.10.2020 is confirmed 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 complainant 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 of 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.

Copy Dasti.