BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
Click here to view full judgement.
Sandeep Sharma,J. -
(1.)Sequel to order dated 22.12.2020, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest in case FIR No.108/2020, dated 19.12.2020, under section 306 of IPC, registered at police Chowki Jol, District Una, Himachal Pradesh, respondent-State has placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency.
(2.)Perusal of status report/record reveals that on 19.12.2020, complainant Prem Lal, who happened to be father of deceased Kanta Devi, got his statement recorded under Section 154 Cr.P.C, alleging therein that the marriage of his deceased daughter Kanta alias Banita was solemnized in the year, 2000 i.e. 20 years back, with the present bail petitioner and out of their wedlock two children were born. Complainant alleged that his deceased daughter was constantly harassed and tortured by her husband i.e. present bail petitioner. He alleged that he himself alongwith other family members had gone to the matrimonial house of his daughter, but present bail petitioner not only maltreated him, rather gave him beatings and as such, he was compelled to take shelter in nearby house. He alleged that his daughter has expired on 26.11.2020 after having consumed poison and as such, appropriate action, in accordance with law, be taken against the present bail petitioner, who happened to be husband of deceased daughter of the complainant.
(3.)Mr. Sudhir Bhatnagar, learned Additional Advocate General while fairly admitting the factum with regard to joining of investigation by the bail petitioner pursuant to order dated 22.12.2020, contends that though bail petitioner has joined the investigation and is fully cooperating with the investigation, but keeping in view the gravity of the offence alleged to have been committed by him, prayer having been made on his behalf for grant of bail deserves outright rejection. Learned Additional Advocate General further contends that there is overwhelming evidence collected on record by the Investigating Agency suggestive of the fact that deceased daughter of complainant consumed poison after being maltreated and harassed by the present bail petitioner and as such, there appears to be no justification to enlarge the present bail petitioner on bail because in the event of his being enlarged on bail he may tamper with the prosecution evidence.
Copyright © Regent Computronics Pvt.Ltd.