SUDHANSHU KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners namely Sudhanshu Kapoor, Nishtha Kapoor Nivedita Banshtu and Col. Kuldeep Singh Banshtu, have approached this Court in the instant proceedings filed under S.438 CrPC, for grant of anticipatory bail in case FIR No 86, dated 11.6.2020, under Ss. 306 and 34 IPC, registered at Police Station Rampur, District Shimla, Himachal Pradesh.

(2.) Sequel to orders dated 16.6.2020 and 30.6.2020, respondent State has filed status report prepared on the basis of investigation carried out by investigating agency, perusal whereof reveals that on 11.6.2020, complainant, Prem Nath Sharma, who happens to be the father of the deceased, Divya Kapoor, lodged a complaint with Dy.SP. Rampur alleging therein that his daughter (deceased) has committed suicide on 9.6.2020 at 7.30 pm, after being instigated by her in-laws. Complainant also disclosed to the Police that on the date of alleged incident, deceased had uploaded a note in the afternoon, perusal whereof reveals that she was being constantly harassed and tortured by her in-laws, as a consequence of which, she took drastic step of finishing her life by committing suicide. It emerges from the record made available to this Court that though the deceased Divya Kapoor had committed suicide on 9.6.2020 but the complaint, as referred to above, was lodged by her father on 11.6.2020, when factum with regard to recovery of suicide note from the person of the deceased came to his notice. Police, on the basis of aforesaid complaint and suicide note, lodged FIR in question against the bail petitioners. After lodging of FIR, bail petitioners approached this Court in the instant petitions, filed under S.438 CrPC, praying therein for grant of interim bail. Vide orders dated 16.6.2020, this Court, while calling for status report, enlarged all the bail petitioners on interim bail and directed them to join the investigation.

(3.) On 26.6.2020, learned Advocate General, while admitting factum with regard to joining of the investigation by the bail petitioners, contended that since some of the documents are not being made available by the bail petitioners, investigating agency is finding it difficult to conclude the investigation and accordingly this Court adjourned the matter for 30.6.2020, directing the bail petitioners to fully cooperate with the investigating agency. On 30.6.2020, though the investigating agency fairly admitted that pursuant to repeated directions issued by this Court, bail petitioners have been joining investigation regularly but reiterated that copy of the note allegedly uploaded by the deceased on Facebook is not being made available as such, there bail may not be confirmed. However, this Court having heard learned senior counsel for the bail petitioners, again adjourned the matter for today i.e. 7.7.2020, enabling investigating agency to conclude the investigation.