KESARI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This order will dispose of both the petitions arising out of FIR No. 10/14 registered in Police Station, Ghumarwin, District Bilaspur under Sections 452, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code against the accused-petitioners. The record reveals that accused-petitioners are husband and wife in relation. Complainant Smt. Jamna Kumari is the sister-in-law(Bhabhi) of accused petitioner Kartar Singh and 'Devrani' of accused-petitioner Kesari Devi. Jamna Kumari admittedly has matrimonial dispute with her husband Vinod Kumar. Said Vinod Kumar has filed a petition (Annexure P-2) for dissolution of marriage by a decree of divorce. Being so and there seems to be enmity between the complainant and the accused party, the occurrence in the manner as claimed by the complainant having taken place seems to be doubtful.

(2.) True it is that the investigation in the present case is in progress, however, there is no complaint that the accused-petitioners have not joined the interrogation. Otherwise also, they both being the local residents of District Bilaspur can reasonably be believed to have roots in the society and as such there is no possibility of their fleeing away from justice or jumping over the bail. Therefore, both the petitions are allowed and it is ordered that in the event of arrest of the accused-petitioners in connection with the case registered against them vide FIR No. 10/14, they shall be released on bail subject to their furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) each with one surety each in the like amount to the satisfaction of the Arresting Police Officer/Investigating Officer and abide by the further conditions that they shall:--

(3.) It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail.