VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under section 439 of the Code of Criminal Procedure, 1973 seeking his release in case FIR No. 90 of 2018, dated 18.07.2018, under Sections 306, 498A and 504 IPC read with Section 34 IPC, registered in Police Station, Talai, District Bilaspur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police reports stand filed. As per the prosecution story, on 18.07.2018 one Shri Mehar Singh telephonically informed the police that his niece, namely Chanderkanta, has died under suspicious circumstances and the matter be investigated. Thus, the police personnel visited the spot of occurrence and got recorded the statement of Balwant Singh (father of the deceased), under Section 154 Cr.P.C., 1973 He has stated that the deceased was married with the petitioner and out of the wedlock a daughter and a son were born. He has further stated that both the children were staying these days with them, as they are on holidays. On 18.07.2018, at about 05:30 p.m., he was informed by his brother, Shri Mehar Singh, that the deceased suffered an attack, thus they rushed to the house of the deceased. The deceased was found dead inside the house. He has stated that he was neither informed by the petitioner, nor accused Balbir Singh (father-in-law of the deceased) informed him about the incident. As per him, during the visits of the deceased to their home prior to the incident, she used to tell them that the petitioner and the accused persons maltreat her. He raised suspicion that the deceased was compelled to eliminate her life by the petitioner and the accused persons. On the anvil of the statement of the father of the deceased, a case was registered and the investigation ensued. Police prepared the spot map and the spot was photographed. On neck of the deceased some marks were found visible. On 19.07.2018 postmortem on the body of the deceased was conducted in Indira Gandhi Medical College, Shimla. During the course of investigation, it was unearthed that the deceased died due to strangulation with a dupatta, however, the evidence to that effect was destroyed, as the dupatta was burnt in the hearth by the petitioner and the accused persons. Police recorded the statements of the witnesses. On 18.07.2018, the petitioner, in order to mislead the police, produced some other dupatta. On 20.07.2018, police took into possession a burnt dupatta and ash from the hearth. A team from State Forensic Science Laboratory, Junga, inspected the spot of occurrence on 20.07.2018. A trace of dupatta was found on the T-shirt of the petitioner. Accused Vijay Kumar was arrested by the police on 19.07.2018 and since then he is in custody. Police took into possession mobile phones of the petitioner and the deceased. CDR of the mobile phones reveal that during the intervening night of 17/18.07.2018, the petitioner talked for long durations with different mobile numbers. As per the police, report from Regional Forensic Science Laboratory is awaited. As per the prosecution, in case the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Lastly, the prosecution has prayed that the bail application be dismissed.