PAWANBALA Vs. STATE OF H.P.

JUDGEMENT

(1.) Present bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 32 of 2015 dated 24.3.2015 registered under Sections 498-A and 306 IPC at P.S. Gagret District Una (H.P.)

(2.) It is pleaded that petitioner has been falsely implicated in present case. It is further pleaded that petitioner will not influence the prosecution witnesses and will not tamper with prosecution evidence. It is pleaded that petitioner has two minor children, parents and family to support. It is pleaded that any condition imposed by the Court will be binding on the petitioner. Prayer for acceptance of anticipatory bail application sought.

(3.) Per contra police report filed. As per police report, FIR No. 32 of 2015 dated 24.3.2015 registered under Sections 498-A and 306 of Indian Penal Code in Police Station Gagret District Una (H.P.) against the petitioner. There is recital in police report that on dated 23.3.2015 at about 8.40 PM I.O. received information that one woman with consumption of poison was admitted in FRU Gagret. There is further recital in police report that police officials went to FRU Gagret where deceased was brought dead. There is further recital in police report that statement of Anu Devi was recorded under Section 154 Cr.P.C. There is recital in police report that deceased Rekha Devi was married in the year 2009 at Amb District Una (H.P.). There is recital in police report that deceased Rekha Devi has one son namely Jagdeep Kumar and one daughter Taniya. There is further recital in police report that deceased Rekha was in strained relations with her husband Pardeep Kumar. There is also recital in police report that Pardeep Kumar used to beat Rekha Devi generally and also used to demand dowry. There is further recital in police report that there was physical and mental torture to deceased Rekha Devi in her matrimonial home. There is recital in police report that on dated 10.2.2015 deceased Rekha met Smt. Anu Devi and told her that deceased was very aggrieved. There is recital in police report that deceased also told that her husband Pardeep Kumar and her elder brother-in-law Prem and elder sisterin-law Pawna have harassed the deceased and have beaten the deceased when the deceased was alive. There is recital in police report that accused persons have also told the deceased to bring money and deceased also used to inform Smt. Anu Devi complainant that her husband Pardeep Kumar, her elder brother-in-law and her elder sister-in-law Pawna used to beat the deceased. There is recital in police report that deceased Rekha Devi was pregnant. There is recital in police report that quarrel took place between co-accused Pardeep Kumar, co-accused Prem and co-accused Pawna and thereafter deceased had consumed poison. There is further recital in police report that after registration of case and during investigation post mortem of deceased was conducted and site plan was prepared. There is also recital in police report that statements of prosecution witnesses were recorded by way of videography. There is further recital in police report that co-accused Pardeep Kumar was arrested on dated 24.3.2015 and other co-accused namely Pawna and Prem have concealed themselves. There is recital in police report that since 27.3.2015 co-accused Pardeep Kumar is in judicial custody. There is further recital in police report that other co-accused namely Pawna and Prem Chand have not joined the investigation and recovery of bed sheet is still to be effected. There is also recital in police report that if petitioner is released on bail then petitioner would threat the prosecution witnesses. Prayer for rejection of anticipatory bail application sought.