Himachal Pradesh High Court
Parveen Kumar vs State Of Himachal Pradesh on 31 July, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) Nos.1879 & 1880 of 2023 .
Decided on : 31.07.2023
1. Cr.MP(M) No.1879 of 2023.
Parveen Kumar ...Applicant
Versus
State of Himachal Pradesh
r ...Respondent
2. Cr.MP(M) No.1880 of 2023.
Gian Chand ...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. Kamlesh Kumar, Advocate vice Mr. Peeyush Verma, Advocate.
For the respondent : Mr. Tejasvi Sharma, Additional Advocate General.
1Whether Reporters of local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 31/07/2023 21:09:35 :::CIS 2Virender Singh, Judge (oral).
The above titled bail applications are being .
disposed of by the common order, as the applicants have filed these applications, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for releasing them on bail, during the pendency of trial, in case FIR No. 209 of 2023, dated 29th June, 2023, registered with Police Station Sadar, District Kullu, H.P., under Sections 498A and 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC').
2. According to the applicants, they are innocent persons and have falsely been implicated, in this case.
According to the applicants, they have deep roots in the society and nothing has been found against them, in the investigation conducted by the police.
3. Applicants had also tried their luck before the Court of learned Sessions Judge, Kullu, H.P., however, their applications were dismissed, vide order, dated 25th July, 2023.
4. Apart from this, the learned counsel appearing for the applicants, has given certain undertakings, on behalf of ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 3 the applicants, for which, the applicants are ready to abide by, in case, released on bail, during the pendency of the trial.
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5. Lastly, it has been submitted by the learned counsel for the applicants that their coaccused have already been released by the learned trial Court vide order dated 25.7.2023, and on the ground of parity, the relief, as claimed, in the bail applications, has also been sought.
6. When put to notice, police filed the status report, disclosing therein that on 29.6.2023, complainant Sarwan Kumar along with other people visited Police Station, Kullu and filed a written complaint for the registration of the case alleging therein that the daughter of complainant Aarti Devi (since deceased) was married to applicant Praveen Kumar.
6.1. On 26.6.2023, at about 7:30AM, complainant received telephonic call from the fatherinlaw of deceased that deceased went missing from the house since 6AM. The complainant party inquired about the missing of deceased from the family members of applicant Praveen, but, they gave different versions about the deceased, as a result, the complainant raised suspicion on the missing of deceased.
::: Downloaded on - 31/07/2023 21:09:35 :::CIS 46.2. The complainant also alleged in the application that applicants and their coaccused were raising the demand .
for dowry. The deceased, time and again, came to her parental house, but, after making her to understand, she return to the house of her inlaws.
6.4. The complainant raised apprehension on the applicants that they had finished the deceased. He prayed to interrogate the applicants and requested to obtain the call details of mobile phone No. 9882624407 of deceased. He had also procured CCTV footage of the nearby houses and there was footage upto the month of May, 2023, but, there was no footage pertaining to the month of June, 2023.
6.4. On the basis of aforesaid written complaint, FIR was registered and the investigation was entrusted to SI Arjun Singh, who tried his best to locate the deceased from 26.6.2023 to 28.6.2023 by the side of river Beas, orchard and cowshed.
The search of the house of her inlaws was also made, but, she (deceased) could not be traced.
6.5. On 26.6.2023, the statement of the complainant was recorded and he did not raise any suspicion on the ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 5 applicants. The complainant gave only the statement to the effect that on 16.6.2023, the child, who was only 9 months old, .
died due to fall, due to which, the deceased was under
depression. She was got medically checked from the doctor and she was taking the medicines.
6.6. Thereafter, on 23.6.2023, the deceased under depression started moving towards river and her motherin law (accused Bhadri) after pacifying her, brought the deceased back to her house. During investigation, it was found that deceased was having cordial relations with family members.
6.7. On 27.6.2023, the father of deceased and other people came to the police station and lodged the aforesaid complaint against the applicants. On 28.6.2023, the police and other villagers jointly tried to locate the deceased, but she could not be found.
6.8. During investigation, the statement of the father of deceased/complainant under Section 161 Cr.PC was recorded. Thereafter, on 2.7.2023, police and NDRF team found dead body of a lady in the middle of river Beas, which ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 6 was recovered and the said dead body was identified by the complainant and his son Shisu Pal to be that of deceased Arti.
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6.9. On the spot, the people from both the sides, i.e, complainant and accused, assembled and situation became complexed. The photographs of the spot were clicked and dead body was sent to RH Kullu for autopsy through LC Jamuna and LC Sapna. Thereafter, the dead body was referred to Lal Bhadur Shashtri Medical College, Ner Chowk, Mandi for postmortem under the supervision of ASI Jai Singh.
Statements of complainant and his son under Section 161 Cr.PC, were recorded, on the basis of which, Section 306 read with Section 34 of IPC was added.
6.10. On 30.6.2023, the applicants and their coaccused were released on anticipatory bail under Section 498A of IPC and, later on, the interim/anticipatory bail of all the bail petitioners was cancelled by the learned trial Court and all the applicants and their coaccused were arrested on 3.7.2023 at 4:38 PM. They were got medically examined and their MLCs were obtained. Supplementary statements of Sarwan Kumar, Sishu Pal and Sanju Ram were recorded by the I.O., which ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 7 reveal that applicants and their coaccused gave beatings to the deceased with DANDA, due to which, she died and they .
threw her dead body in river Beas.
6.11. Thereafter, the autopsy of the deceased was got done from Medical Officer, Forensic Medicine, in the aforesaid Medical College NerChowk and, thereafter, her dead body was handed over to the complainant on his Sapaurdari for cremation. The PMR of the deceased was obtained. The Medical Officer gave his provisional opinion that the cause of death, in this case, is asphyxia secondary to antemortem wet drowning and he reserved his final opinion till the receipt of Chemical Examiner's report from RFSL, Mandi.
6.12. On 4.7.2023, Forensic team of RFSL Mandi inspected the house of deceased, but no incriminatory evidence could be extracted. The viscera of deceased has been sent to RFSL, Mandi and report is awaited. As per investigation, till date, it has come that applicants and their coaccused used to teas the deceased, as a result of which, she jumped into the river and died.
::: Downloaded on - 31/07/2023 21:09:35 :::CIS 86.13. It has also been highlighted by the learned Additional Advocate General that due to the act and conduct of .
the applicants, a woman was forced to end her life. Keeping in view the seriousness of the offence, a prayer has been made to dismiss the application.
7. Heard.
8. Applicants are presently in the judicial custody.
This fact clearly demonstrates that their custodial interrogation is no longer required by the Police.
9. The role allegedly played by the applicants in the commission of the alleged crime would be proved by the prosecution during the trial.
10. No other criminal history has been mentioned in the status report, nor it has been argued by learned Additional Advocate General.
11. Moreover, the bail applications cannot be rejected as a matter of punishment, as, pretrial punishment is prohibited under the law.
::: Downloaded on - 31/07/2023 21:09:35 :::CIS 912. Moreover, three other coaccused have already been released on bail. Therefore, on the ground of parity, .
applicants are also entitled to be released on bail.
13. Considering all these facts, the bail applications are allowed. The applicants are ordered to be released on bail in case FIR No. 209 of 2023, dated 29th June, 2023, registered with Police Station Sadar, District Kullu, H.P. under Sections 498A and 306 IPC read with Section 34 IPC, on their furnishing personal bonds, in the sum of ₹ 50,000/, each with one surety each in the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions:
a) They shall make himself available for the purpose of interrogation, if so required and 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;
b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) They shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 10
d) They shall not leave the territory of India without the prior permission of the Court.
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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 applications.
15. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicants.
16. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, SubJail, Kullu through email, with a direction to enter the date of grant of bail in the eprison software.
17. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, SubJail, Kullu is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of Jail, SubJail, Kullu is further directed that if the applicants fail to furnish the bail bonds, as per the order passed by this ::: Downloaded on - 31/07/2023 21:09:35 :::CIS 11 Court, within a period of one month from today, then, the said fact be submitted to this Court.
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( Virender Singh )
Judge
July 31, 2023(ps)
r to
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