DEEPAK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present application filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 115 of 2014 dated 26.6.2014 registered under Sections 498-A and 306 read with Section 34 of Indian Penal Code at Police Station Jawalamukhi District Kangra H.P.

(2.) It is pleaded that applicant is a resident of Jawalamukhi District Kangra HP. It is pleaded that applicant has been falsely implicated in the present case. It is pleaded that wife of applicant Smt Tanu Thakur had committed suicide and she had left a note that she is responsible for ending her life. It is pleaded that applicant is innocent and investigation is completed and nothing is to be recovered from applicant. It is pleaded that other co-accused already released on bail. It is pleaded that daughter of applicant namely Navidita Thakur is three years old and she is not feeling comfortable in the absence of her father and the father of applicant has been referred for surgery from CHC Nadaun to Rajender Parsad Medical College Hospital Tanda. It is pleaded that there is no earning hand in the family. It is pleaded that applicant is innocent and is not involved in the commission of offence. It is pleaded that investigation is completed and applicant is not required for investigation purpose. Prayer for acceptance of bail application sought.

(3.) Per contra police report filed. There is recital in police report that FIR No. 115 of 2014 has been registered against the applicant under Sections 498A and 306 read with Section 34 IPC at Police Station Jawalamukhi District Kangra HP. There is further recital in police report that deceased Tanu Thakur was married with applicant as per Hindu rites and customs. There is recital in police report that for two years the deceased was kept properly. There is recital in police report that illicit relations developed between applicant and some other woman. There is recital in police report that when deceased used to protest illicit relations of the applicant he used to beat the deceased. There is recital in police report that father-in-law and mother-in-law also used to support the applicant and also used to snub the deceased. There is recital in police report that deceased had personally narrated the entire incident to her father namely Tara Chand. There is recital in police report that thereafter Tara Chand persuaded the applicant to keep cordial relations with deceased Tanu Thakur. There is recital in police report that no criminal complaint was filed anywhere just to keep cordial relations. There is recital in police report that on dated 26.6.2014 deceased Tanu Thakur has talked with her mother Kamla Rani by way of telephone and thereafter a telephone came after 1/2 hour that deceased had committed suicide in her matrimonial house. There is recital in police report that thereafter father of deceased went to matrimonial house of the deceased and he found that deceased was dead. After registration of FIR matter was investigated. Site plan was prepared and broken bangles and mobile phone took into possession vide seizure memo. Diary written by deceased was also found from the place of incident. As per report of medical officer deceased had died due to ante mortem hanging. There is recital in police report that diary written by the deceased comprising fifteen pages sent to RFSL Dharamshala. There is recital in police report that recording of conversation of deceased and applicant Deepak Kumar was also available in the mobile and separate CD was prepared. There is recital in police report that other coaccused Udham Singh and Meera Devi have been released by learned Additional District and Sessions Judge Dharamshala on furnishing personal bond to the tune of Rs.30,000/- each. There is recital in police report that deceased was mentally tortured by applicant, her father-in-law and mother-in-law and she has committed suicide due to mental torture given by accused persons. There is recital in police report that challan has already been presented in Court. There is recital in police report that rope skin tissues were found as per RFSL report. There is recital in police report that challan already stood filed in Court.