Himachal Pradesh High Court
Raven Kumar vs State Of Himachal Pradesh on 27 June, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CrMP(M) No. 1531 of 2023
Decided on : 27.06.2023
Raven Kumar ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Amrinder Singh Rana, Advocate.
For the respondent : Mr. Mohinder Zharaick, Mr. H.S.
Rawat and Mr. Tejasvi Sharma,
Additional Advocates General, with
Ms. Leena Guleria and Ms. Avni
Kochhar Mehta, Deputy Advocates
General.
Virender Singh, Judge. (Oral)
Applicant-Raven Kumar has filed the present application, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), with a prayer to direct the Police/Investigating Officer of Police Station Women 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. ::: Downloaded on - 27/06/2023 20:37:31 :::CIS 2 Police Station, BCS, Shimla, H.P., to release him on bail, in the event of his arrest, in Zero FIR No. 2 of 2023, dated 20th .
June, 2023, registered under Sections 498A, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC').
2. According to the applicant, he is innocent and has falsely been implicated, in this case.
3. It is the case of the applicant that he is neither involved nor concerned with the commission of the alleged offence, as, he resides in Chandigarh.
4. It is the further case of the applicant that he is working at Chandigarh and having bright future prospects and, in case, he is involved in such false case, it would ruin his future.
5. Asserting the fact that the police is calling and asking him to come to the Police Station, he is apprehending his arrest in the above-mentioned case.
6. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisions of Section 438 CrPC. ::: Downloaded on - 27/06/2023 20:37:31 :::CIS 3
7. On the basis of the above facts, a prayer has been made by the learned counsel appearing for the applicant, to .
allow the application.
8. When put to notice, the police has filed the status report, disclosing therein, that on 19th June, 2023, the complainant had moved a complaint to the Superintendent of Police for counselling with her husband and in-laws, upon which the complainant, her husband and in-laws were called for counselling on 20th June, 2023 at 11.00 a.m., but, on 20th June, 2023, the husband and in-laws of the complainant did not appear for counselling, upon which, the complainant made another complaint for registration of FIR against them on the ground of mental, financial and physical torture. 8.1. As per the complainant, she got married with Ravi Kumar as per Hindu Rites and they have been blessed with a baby boy. After marriage, the husband, mother-in-law and brother-in-law of the complainant started troubling her. The husband and mother-in-law of the complainant used to quarrel with her on petty issues and her husband used to beat her. Her husband always wanted to take the child away from her and her mother-in-law and brother-in-law used to help him ::: Downloaded on - 27/06/2023 20:37:31 :::CIS 4 and do not allow her to look after the child. Due to this torture, the complainant is mentally disturbed and has taken .
extra dose of tablets and remained under treatment at IGMC for few hours.
8.2. It has further been mentioned in the complaint that on 18th June, 2023, the parents of the complainant visited Shimla and tried to make the husband and mother-in-law of the complainant understand not to torture her mentally and physically, upon which, both of them got furious and started giving threatenings to kill her. Due to the mental torture by her in-laws, the complainant is forced to get treatment from IGMC and taking advantage of this fact, her husband alongwith her mother-in-law, took away the child from the hospital. The husband of the complainant, her mother-in-law and brother-in-law (applicant) have intentionally tortured her mentally and physically.
8.3. On the basis of the said complaint, the police registered the zero FIR and the criminal machinery swung into motion.
8.4. During investigation, the persons, named as accused in the FIR, i.e. husband, mother-in-law and brother- ::: Downloaded on - 27/06/2023 20:37:31 :::CIS 5 in-law of the applicant (applicant), in terms of the orders, passed by this Court, have made themselves available. The .
proceedings to transfer the case to Pathankot are stated to be underway.
9. On the basis of the above facts, a prayer has been made to dismiss the application.
10. It is worthwhile to record herein that in pursuance of the direction issued by this Court, the applicant has joined the investigation.
11. In the status report, there is no iota of averment, that the custodial interrogation of the applicant is required, in this case. In the absence of any averment, the bail application cannot be rejected, only as a matter of punishment, as, the dismissal of the application would result in the confinement of the applicant in the police/judicial custody.
12. The role allegedly played by the applicant, in the commission of the alleged crime, will be proved during the trial. The pre-trial punishment is prohibited under the law.
13. Considering all these facts, this Court is of the view that the relief, which has been granted to the applicant, vide order, dated 21st June, 2023, is liable to be confirmed. ::: Downloaded on - 27/06/2023 20:37:31 :::CIS 6 Consequently, interim order, dated 21 st June, 2023, is made absolute. Therefore, it is ordered that the applicant be .
released on bail, in the event of his arrest, in Zero FIR No. 2 of 2023, dated 20th June, 2023, registered under Sections 498A, 506 read with Section 34 IPC, with Women Police Station, BCS, Shimla, H.P., on his furnishing personal bond, to the tune of ₹ 30,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. The bail is granted, subject to the following conditions:
a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;
b) That the applicant will not leave India, without prior permission of the Court;
c) That the applicant will 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 the Investigating Officer or the Court; and
d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application;
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.
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15. The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent .
Court of Law.
16. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.
June 27, 2023
( rajni )
r to ( Virender Singh )
Judge
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