EKTA MALIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release in case FIR No.68 of 2016, dated 27.06.2016, under Sections 302, 307, 147, 148, 149 IPC and Section 25-54-59 of the Arms Act, registered at Police Station, Dharampur, District Solan, H.P.

(2.) As per the petitioner, she was not involved in the offence at all and she, being innocent, has been falsely implicated in the instant case. The petitioner has further averred that she was married on 22.04.2016 in the family of Harbir Malik (co- accused) and on 26.06.2016 she alongwith her in-laws' family members came to Dharamshala and Shimla. At about 4:30-5:00 p.m., while en-route back to their homes, the petitioner alongwith other family members stopped at Urban Dhaba at Sanawara for refreshment. There they had altercation with the service boy and nephew of the deceased qua the quality of food. The deceased, with an intention to kill Nikhil Malik (husband of the petitioner), fired at him with a revolver. The medical record of Nikhil Malik also substantiates that injuries sustained by him were caused by fire arm and were also dangerous to life. The husband of the petitioner had also sustained cut injuries caused by sharp edged weapon and the prosecution has recovered a sword from the spot of occurrence. The petitioner further contends that she is young lady of 24 years age and was arrested on 01.07.2016 and from 03.07.2016 she is in judicial custody. As per the petitioner, investigation of the case is complete and nothing remains to be recovered from her. Lastly, the petitioner prayed that she may be enlarged on bail.

(3.) Police report stands filed. As per the prosecution story, on 26.06.2016 complainant Taran Jeet Kaur, got her statement recorded with the police under Section 154 Cr.P.C. in PGI Chandigarh, wherein she has stated that her husband, Paramjeet Singh (deceased), was running a leased dhaba at Lower Sanawara, Solan, and nephew of her husband, Hansdeep Singh, was also looking after the work in the dhaba. On 26.06.2016, around 5:00 p.m., a group of 10-15 people stopped at their dhaba and ordered bread toast, Maggie etc. An altercation, over the quality of food, took place between the complainant party and the people of the group. During the said altercation a boy from the group fired gun shots from a pistol and husband of the complainant received gun shot injuries. Thereafter, the aforesaid group ran away in a tempo traveler. The husband of the complainant was declared dead at CHC, Dharampur and Hansdeep Singh, who also sustained gun shot injuries on his chest, was referred to PGI Chandigarh and the complainant accompanied him. The complainant has alleged that people of the aforesaid group murdered her husband and appropriate action be taken against them. Police investigated the matter, affected recoveries and CCTV footage of the dhaba was also retrieved. Police, by laying nakka at Parwanoo, stopped the vehicle bearing registration No. UP14FT-3871, in which the accused persons were trying to flee. Statements of the witnesses were recorded. Accused persons were arrested on 27.06.2016, at 6:15 p.m. A bullet was extracted from the person of injured Hansdeep Singh. SFSL team also visited the spot and collected evidence. Report from FSL Junga was also obtained. CCTV footage was analyzed.