BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Petitioners pray for bail in a case under Sections 364 (kidnaping with intent to murder) and 498A of Indian Penal Code. THE papers indicate that Kamlesh married Raju. THEre was some issue regarding demand of dowry and valuable articles. On 11. 10.1995 the father of Kamlesh visited the house of in laws of Kamlesh and suspected that Kamlesh had been taken away somewhere with a view to liquidate her. THEreupon on 12-10-1995 Nathia (father of Kamlesh) gave the report to the police and indicated that Kamlesh was being harassed and maltreated in order to extract valuables from her and her parents, and presently she was taken away somewhere with a view to murder her. Pursuant to the F.I.R. the Police undertook investigation. Meanwhile Kamlesh could be located. Her version indicates that in unconscious state she was left in the forest. She alleged that her husband her husbands Mother one Phool Singh, a Jogi and one more person had taken her to that forest and made her unconscious and left her there. She claims that she regained senses and with the help of a woman came to the village from where she was taken in the charge of the police for being looked after. Presently said Kamlesh is staying with her parents.

(2.) BAIL to the present petitioners was declined by the Additional Sessions Judge on the ground that the allegations were serious. His order does not indicate as to whether Kamlesh had sustained any injury as a result of which she fell unconscious. Moreover, there is nothing to indicate how she fell unconscious. The Additional Sessions Judge has not taken into consideration these factors and has simply observed that the allegations are serious. It was expected that he would at least probe into the matter in order to ascertain whether the accused would be entitled to bail. Mere gravity of the allegation is not good reason. The law contemplates that besides the gravity of offence the matter should be considered to ascertain as to whether there appear reasonable grounds for believing that the accused had been guilty of an offence. The petitioners are granted bail on each of them executing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Faridabad. Petition allowed.