UNPA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is third bail application filed by petitioner in two months for releasing her on bail in FIR No.80/12 dated 24.6.2012, registered at Police Station, Kumarsain, Distt. Shimla, H.P. under sections 302, 309 IPC. The petitioner earlier moved Cr.MP(M) No.756 of 2012 under Section 438 Cr.P.C. which was dismissed on 22.8.2012. The petitioner thereafter filed Cr.MP(M) No.839 of 2012 which was dismissed on 13.9.2012. On 18.10.2012 the petitioner has filed the present bail application for releasing her on bail under Section 439 Cr.P.C. in the above case.

(2.) In the application, it has been stated that prosecution case is that on 22.6.2012, the petitioner tried to commit suicide by consuming poison and she also gave poison to her baby girl, as a result of which baby girl died. Thereupon the above case has been registered. The petitioner is in custody.

(3.) It has been stated that petitioner is innocent. She has been falsely implicated in the case. The petitioner is deeply rooted in the society. The vehicle in which the petitioner and baby girl were being taken to hospital met with an accident, Anil Dharma brother-inlaw of the petitioner died in the accident, a separate FIR No. 79 of 2012 has been registered under Sections 279, 337, 304-A IPC.