HARVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has approached this Court for grant of regular bail in case FIR No. 18 of 2015 registered at Police Station Gohar on 8.2.2015 under Sections 364, 307, 328 and 323 I.P.C.

(2.) THE allegations which led to the filing of the FIR against the petitioner are that on 8.2.2015, SI/SHO alongwith ASI Ashok Kumar, HC Deep Chand No. 910, HHC Narnender Kumar No. 126, Constable Dinesh Kumar No. 500 and LC Geet Devi No. 607 were on patrolling near Chailchowk. At about 5.00 P.M. on the intimation of Kapoor Chand after associating Up -Pradhan of Gram Panchayat Shala, Tarapati and Kundal Lal in the raiding party I.O. reached at Mandunala where Kapoor Chand son of Sh. Udam Singh R/o Village Bhiyura got his statement recorded under Section 154 Cr.P.C. wherein he has disclosed that he is resident of Bhiyura and is agriculturist by profession and he is also having his house at Chailchowk. He used to visit his house at Chailchowk also. The petitioner Harvinder son of Sh.Sewa Singh resident of Mangwain who had solemnized marriage in village Barjohadu with Smt.Hansa Thakur is known to him. The petitioner met him about 20 -22 days ago at Chailchowk and told him that he was fed -up with his wife Hansa Devi and wants to solemnize second marriage, so he wants to eliminate Hansa Devi. The petitioner asked him about a person to eliminate Hansa Devi. The petitioner asked him about a person who can do away Hansa Devi with her life and will give the money for this. Upon which the complainant Kapoor Chand refused to do this act but Harvinder/petitioner insisted the complainant to do away Hansa Devi with her life and promised to pay money to him for the same. Complainant thought that the petitioner will do away Hansa Devi with her life though someone else so he told the petitioner Harvinder to wait for some time, but petitioner kept on calling the complainant and on 8.2.2015 petitioner told the complainant that if he will not do his work today then he will got murdered Hansa Devi from someone else by taking her to some other place. Upon which complainant consented to save the life of Hansa Devi and disclosed the fact to the SHO Gohar at Chailchowk. When the I.O./SHO alongwith above said raiding party was coming towards Mandunala in private vehicles complainant also received phone calls of Harvinder. At about 7.30 p.m. Harvinder Singh came at Mandunala in his vehicle No. HP 33B -9045 Swift Car from the side of Baddu and on seeking the vehicle of complainant stopped his vehicle and after alighting from the vehicle told the complainant that Hansa Devi was alone in the vehicle and after killing her put the dead body in his vehicle and he will make the payment at that very moment after withdrawing the amount from ATM. Had the complainant not disclosed this fact to the police, the petitioner would have killed Hansa Devi himself or thorough someone else. By intimating the police the complainant saved the life of Hansa Devi. The complainant also produced the recording of Harvinder done by him in which Harvinder has been talking about killing of Hansa Devi. During investigation it was also found that the petitioner was also giving slow poison through medicines to Hansa Devi due to which Hansa Devi would die. Upon this statement of the complainant case was registered against the accused/petitioner.

(3.) THE learned Additional Advocate General has opposed the bail application by alleging that the petitioner is an accused in a serious offence and bail ought not to be granted in such circumstances.