DEEPAK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Deepak Kumar, who is behind the bars since 20.9.2018, has approached this court in the instant proceedings, praying therein for grant of regular bail in case FIR No. 26/18 dated 19.9.18, under Sections 498- A, 306 and 201 IPC, registered at Police Station Kaza, Lahul & Spiti, Himachal Pradesh.

(2.) Sequel to order dated 24.9.2018, SI/SHO Chattar Singh, Police Station Kaza, Lahul & Spiti, Himachal Pradesh has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Careful perusal of record/status report suggests that on 5.6.2018, police received an information from medical officer, CHC Kaza that one lade namely Shalini wife of the present bail petitioner, has been brought dead to the hospital. After having received aforesaid information, police started investigation. On 7.6.2018, police sent the preserved viscera of the deceased to RFSL Mandi, for chemical analysis. On 19.9.2018, police received report of the RFSL Mandi, who opined that Organophosphorus insecticide has been detected in the viscera of the deceased Shalini. Pursuant to aforesaid report, police obtained report from the medical officer, CHC Kaza, who in her report, opined that, "I am of the opinion that the deceased Smt. Shalini age 26 yrs. Female died (sic. dieds) due to cardio respiratory arrest because of use of Organophosphorus poison" On 20.9.2018, police arrested the present bail petitioner, who happened to be husband of the deceased, Shalini. As per investigation conducted by the police, deceased Shalini consumed poison after being harassed by her husband as well as his family members. In the aforesaid background, FIR detailed herein above came to be lodged against the bail petitioner as well as other family members of the bail petitioner. Bail petitioner is behind the bars since 20.9.2018, whereas, other co-accused have been already enlarged on interim bail by learned Additional Sessions Judge, Rampur.