BINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order(s) dated 14.12.2020 passed by this Court in above captioned bail petitions, whereby petitioners were ordered to be enlarged on interim bail in connection with FIR No. 153 of 2020 dated 10.12.2020 under Section 306 read with Section 34 of IPC, registered with Police Station Rohru, District Shimla, HP, respondent-State has filed the status report prepared on the basis of investigation carried out by the Investigating Agency.

(2.) Record/Status report made available to this Court reveals that on 10.12.2020, complainant Yashwant Singh, who happened to be son of the deceased, lodged a complaint at PS Rohru, District Shimla, stating therein that on 9.12.2020, at 8:00AM, his father had come towards Rohru alongwith his mother. Complainant disclosed to the police that his mother after getting herself checked up at private clinic and finishing his personal work in Cooperative Bank Rohru, came back to the village, but his father did not return and his mobile was also switched off. He alleged that on 10.12.2020, he along with his uncle Promod and cousin Robin went for the search of his father, who was subsequently found lying unconscious at a place called Khaatal and froth was coming out of his mouth. The complainant alleged that in the year, 2015, he had solemnized marriage with one of the bail petitioner Mamta, and out of their wedlock, one son was born, but on account of certain differences, she had started living separately. He alleged that on 28.11.2020, above named bail petitioner Mamta lodged a complaint at PS Rohru alleging therein that she is being harassed by her husband and in laws, as a consequence of which, police had come to his house. He also alleged that the bail petitioner Mamta had also registered case under Domestic Violence Act against him as well as other family members. He alleged that on 30.11.2020, bail petitioner Mamta alongwtih her parents had come to his house and abused the parents and as such, his father on 9.12.2020, went towards boundary of village Khaatal. Police also recovered suicide note from the pocket of deceased father of the complainant, wherein he had written that the bail petitioner Mamta and her parents are responsible for his death. In the aforesaid background, FIR detailed herein above, came to be lodged against the above named bail petitioners.

(3.) Mr. Arvind Sharma, learned Additional Advocate General, while fairly admitting factum with regard to joining of investigation by the bail petitioners contends that though in terms of order passed by this Court, petitioners have joined the investigation, but keeping in view the gravity of offence alleged to have been committed by the bail petitioners, they do not deserve any leniency and as such, prayer made on their behalf for grant of bail may be rejected outrightly.