Harish Kumar vs Of on 31 August, 2023

[Cites 15, Cited by 0]

Himachal Pradesh High Court

Harish Kumar vs Of on 31 August, 2023

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 2010 of 2023 .

                                                   Reserved on :             25.08.2023
                                                   Decided on           :    31.08.2023





    Harish Kumar                                                            ...Applicant

                                              Versus




                                                   of
    State of Himachal Pradesh                                               ...Respondent


    Coram
                         rt

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant : Ms. Tanu Sharma, Advocate.

For the respondent : Mr. Mohinder Zharaick and Mr. Tejasvi Sharma, Additional Advocates General, with Ms. Leena Guleria, Deputy Advocate General.

ASI Suman Kumar, I.O., Police Station Sadar, District Mandi, H.P., is present, alongwith the police record.

Virender Singh, Judge.

Applicant-Harish Kumar has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for seeking, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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his release on bail, during the pendency of trial, in case FIR No. 209 of 2020, dated 31st July, 2020, registered .

under Sections 498-A, 323, 307, 302, 318, 504 and 201 of the Indian Penal Code (hereinafter referred to as 'IPC'), with Police Station Sadar Mandi, District Mandi, H.P.

2. According to the applicant, he is an innocent of person and has falsely been implicated, in this case.

According to him, the investigation, in the present case, is rt complete and the report, under Section 173 (2) CrPC has been filed, against him, upon which, cognizance has been taken by the Court and the case has now been fixed for recording the evidence of the prosecution witnesses.

3. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

4. The applicant has also tried his luck, by filing bail application before the learned Additional Sessions Judge Mandi, District Mandi, H.P., however, the said bail application has been dismissed on 17th October, 2022.

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5. On the basis of the above facts, a prayer has been made to allow the application.

6. When put to notice, the police has filed the status report, disclosing therein, that on 30 th July, 2020, the then SHO Vinod Thakur, alongwith ASI Tej Singh, C. Lalit Kumar No. 132, C. Lalit Kumar No. 509, in the official of vehicle bearing No. HP-33B-2921, being driven by HHG Naresh Kumar, was present at a place, known as Nasloh, rt where, complainant Smt. Meenu Devi was found to be lying in an injured condition at her residence. Local Ward Member Rakesh Kumar and other local persons were present there.

6.1. Smt. Meenu Devi made a statement, under Section 154 CrPC, disclosing therein, that she is a housewife and married with Harish Kumar (applicant) about eight years, as per Hindu rites and rituals. Out of this marriage, they have been blessed with two children, one son and one daughter. After the marriage, there remained quarrel between husband and wife, on the trivial issues. The applicant is not having the cordial relations ::: Downloaded on - 31/08/2023 20:34:12 :::CIS 4 with any of his co-villagers. He was interested to have another son.

6.2. According to the complainant, on 29th July, 2020, she has given birth to a female child. On seeing the female child, the applicant, at once, became aggressive and started abusing her and with the piece of brick, he has of inflicted injuries on the head of the complainant. The applicant has also proclaimed that since, she has given rt birth to a female child, as such, he will kill her, as well as, the newborn female child.

6.3. The complainant screamed, but, he continued to beat her and inflicted the injuries to her. Thereafter, he has banged her head with the wall and also beaten her with the fist. Thereafter, he had lifted the newborn female child. The child, at that time, was weeping. The applicant, at once, put his finger, in her mouth. The female child had stopped weeping, upon which, the applicant proclaimed that he has killed the female child. Thereafter, the applicant took the female child out of the house, with him.

After some time, when, he came back, then, the complainant inquired from him, about the female child, ::: Downloaded on - 31/08/2023 20:34:12 :::CIS 5 upon which, he had said that the female child had been buried. Thereafter, he had again beaten the complainant.

6.4. Next day, at about 11-12, in the noon, the neighbour of the complainant found her in an injured condition and the complainant disclosed about the incident to her.

of 6.5. On the basis of the above facts, the complainant has mentioned that the applicant has beaten her with an rt intention to kill and also killed the newborn female child and prayed that action be taken against the applicant.

6.6. On the basis of the said complaint, the police, registered FIR, under Section 498-A, 307, 302, 318, 504 IPC, against the applicant.

6.7. After registration of the FIR, the criminal machinery swung into motion. The complainant was medico-legally examined at RH, Mandi, where, her blood samples were preserved. The physical evidence, so collected, was taken into possession. From the spot, the piece of brick was also taken into possession. On 31 st July, 2020, the accused (applicant) was arrested.

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6.8. During the investigation, the accused (applicant) made a disclosure statement, under Section 27 .

of the Indian Evidence Act, disclosing therein, that on 29 th July, 2020, at about 10.30 p.m., his wife had delivered a female child and the said female child was killed by him, by putting his finger in her mouth and, thereafter, he had of buried the dead body of the newborn female child, near the rivulet on the trail.

rt 6.9. Thereafter, Sections 323 and 201 IPC were added in the FIR and the Sub Divisional Officer, Sadar, Mandi, was requested to conduct the proceedings, as per the provisions of Section 176 (3) CrPC. The team of RFSL was also informed. The team of the scientists visited the spot, in pursuance of the disclosure statement, and the applicant had got recovered the dead body, which was taken out from the pit.

6.10. The codal formalities were completed. The dead body was taken into possession alongwith the physical evidence, so collected. The post mortem examination of the dead body of the female child could not be conducted, in view of the advanced decomposition of the body.

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6.11. After completion of the investigation, the police has filed the report, under Section 173 (2) CrPC and the .

case is now fixed for examining the prosecution witnesses.

As per the status report, out of 32 witnesses, 12 have been examined and 20 witnesses are yet to be examined. The case is now stated to be listed on 12 th September, 2023, of for recording the evidence of witnesses at serial No. 17 to

20. rt

7. On the basis of the above facts, it has been argued by the learned Additional Advocate General, appearing for the State, that keeping in view the seriousness of the offence, the relief, as claimed, by the applicant, in the bail application, may not be granted to him.

8. The applicant, in the present case, has been arrested in a very serious offence. The seriousness of the offence is also one of the considerations for deciding the question of bail.

9. The complainant, in the present case, is none other than the wife of the applicant, who, as per her version, in the statement, recorded under Section 154 ::: Downloaded on - 31/08/2023 20:34:12 :::CIS 8 CrPC, has lost her newborn female child, in the hands of the applicant.

10. While deciding the question of bail, the seriousness of the offence, as well as, the evidence, so collected, are the relevant factors. Moreover, releasing the applicant on bail, in such a heinous offence, would give a of wrong signal to the society, that, after doing a heinous crime, the person is moving freely in the society.

11. No doubt, no other criminal history of the applicant has been mentioned in the status report, nor, the same has been argued by the learned Additional Advocate General, but, on this ground, no relief can be granted to the applicant, keeping in view the advance stage of the trial.

12. Even otherwise, at the time of deciding the question of bail, a delicate balance, between the individual liberty and the larger interest of the society, has to be maintained.

13. Considering all these factors, this Court is of the view that the applicant, in the present case, is not able ::: Downloaded on - 31/08/2023 20:34:12 :::CIS 9 to make out a case for his release on bail. Accordingly, the bail application is dismissed.

14. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.





                                     of
                         rt                 ( Virender Singh )
                                                  Judge
    August 31, 2023

           ( rajni )








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Himachal Pradesh High Court