Vijay Kumar vs State of H.P.

Sanjay Karol, J.—ASI Jaspal Singh, Police Station Bhawarna, District Kangra is present alongwith record. Record perused. In relation to FIR No. 47/13 dated 11.04.2013, registered at Police Station Bhawarna, District Kangra, H.P., under Sections 498A and 306 of the Indian Penal Code, petitioner was arrested on 11.04.2013.

According to the prosecution, deceased (wife of the petitioner), committed suicide on account of alleged atrocities and cruelties meted out by the petitioner.

It is seen that petitioner is working as a driver and employed with the Chandigarh Transport Undertaking (a Public Sector Undertaking). He has two school going children, who are 8 years and 5 years of age respectively and pursuing their studies at Chandigarh. They are studying in Class-1 and Class-3. There is none other than the petitioner to look after them at Chandigarh. Presently they are staying with their grand parents in the native village Dagera, Tehsil Palampur, District Kangra, H.P. Their studies are being suffered and require personal attention at this tender age. There is none else to look after them. According to the petitioner he has been falsely implicated in the present case as there is no material on record to even remotely suggest that he had caused any cruelty to his wife or that death took place on account of any provocation made by him.

After looking into the record and keeping in view the entire attending circumstances, by taking a holistic view, in my considered view petitioner has made out a case for his bail. Interest of justice, notwithstanding the gravity of offence, warrants the same. Petitioner being a government employee is not likely to flee away.

Keeping in view the aforesaid attending circumstances, petition is allowed and petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate is directed to comply with the directions issued by the High Court, vide letter No. HHCVIG./Misc. Instructions/93-IV-7139, dated 18.03.2013. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.

With the aforesaid observations, present petition stands disposed of.

Copy dasti.