VISHAL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 113/2013 registered under Sections 498-A, 306 read with Sec. 34 of the Indian Penal Code against him and his co-accused Tripta Devi and Neeraj Bala, in Police Station, Amb, District Una, on 3.8.2013. His co-accused have been ordered to be released on bail by learned Additional Sessions Judge, Una. The accused-petitioner, who has been arrested in this case on 3.8.2013 is, however, still in judicial custody.

(2.) The record reveals that the challan in the case stands filed and the case committed to Sessions Court, Una. Deceased Meenakshi was the wife of the accused-petitioner. She committed suicide on 3.8.2013 by hanging herself in the matrimonial home. The FIR has been registered at the instance of Smt. Sheela Devi, the mother of the deceased. It has been reported by the complainant that the deceased as and when visited the house of her parents, used to complain against the accused-petitioner and his co-accused Tripta Devi and Neeraj Bala that they all used to torture and maltreat her at the pretext of dowry. However, no particular instance of beatings or torture has come on record and the allegations of maltreatment and torture are general in nature. There is also no instance of maltreatment and torturing of the deceased at the hands of the accused-petitioner immediately preceding the commission of suicide by her, to infer that it is on account of that she committed suicide. Anyhow, the case has since been committed to the Court of Sessions and according to learned Additional Advocate General, the same presently is at the stage of recording of prosecution evidence. The accused-petitioner is yet to be tried and held guilty, in case ultimately found to have committed the alleged offence. At this stage, when he is no more required for the purpose of interrogation or investigation and also that he is a local resident, his further detention in custody is not warranted and as such he deserves to be admitted on bail, more particularly, when he being a local resident can reasonably be believed to have roots in the society and as such there is no possibility of his fleeing away from justice.

(3.) This application is, therefore, allowed. Consequently, the accused-petitioner, who has been arrested in connection with FIR No. 113/2013, registered under Sections 498A, 306 read with Sec. 34 IPC, P.S. Amb, be released on bail on his furnishing personal bond in the sum of Rs. 25,000.00 with one surety in the like amount to the satisfaction of learned trial Judge. He shall further abide by the following conditions: