BANDANA KUMARI @ POOJA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Bandana Kumar @ Pooja, who is behind the bars since 29.5.2017, has approached this Court in the instant proceedings filed under section 439 of the Code of Criminal Procedure, 1973 praying therein for grant of regular bail in FIR No.28 of 2017, dated 9.4.2017, under Sections 302, 120B, 201 read with Section 34 of IPC, registered at police Station, Dalhousie, District Chamba, Himachal Pradesh.

(2.) Sequel to order dated 13.7.2018, ASI Khaidi Ram, has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency, perusal whereof reveals that on 30.3.2017 Nand Lal brother of the deceased master Gopal lodged missing report at police Station, Dalhousie, but till 9.4.2017 whereabouts of deceased Master Gopal could not be found out. Subsequently, on 9.4.2017 complainant Dharam Chand got his statement recorded under Section 154 Cr.P.C , 1973 at police Station, Dalhousie, alleging therein that deceased master Gopal was his son doing BBA final at DAV College, Banikhet. He further alleged that on 24.3.2017 at 10:00 PM his son master Gopal had gone to meet present bail petitioner, Bandana Kumari alias Pooja, who also used to study in BA final at DAV college,Banikhet. Allegedly, Bandana Kumari alias Pooja on 29.3.2017 had made a call to the another son of the complainant, namely, Vipin and inquired with regard to deceased master Gopal. Vipin told her that master Gopal is at Banikhet, whereafter bail petitioner disconnected the phone. Complainant further alleged that till date whereabouts of master Gopal are not known and since mobile phone of master Gopal was recovered from the room of bail petitioner Bandana Kumari alias Pooja, he has suspicion that present bail petitioner alongwith her brotherinlaw Anup Kumar has murdered master Gopal after kidnapping him.

(3.) Pursuant to aforesaid complaint having been made by complainant Sh. Dharam Chand, FIR detailed hereinabove, came to be lodged against the present bail petitioner as well as co-accused Anup Kumar, who are behind the bars since 29.5.2017. It may be noticed that on 27.5.2017 dead body of master Gopal was recovered from Chohada Dam, District Chamba. After completion of the investigation, police presented the challan in the competent court of law i.e. learned Sessions Judge, Chamba. Trial has commenced and now three prosecution witnesses have been examined, whereas 35 witnesses are yet to be examined by the prosecution in support of its case.