SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Consequent upon the order passed on the previous date, Ms. Kiran Bala, Inspector/SHO, Women Police Station, Dharamshala, Distt. Kangra(H.P.), is present in person and has filed the status report. According to her, no CCTV Camera(s) is installed in the Police Station. However, according to her, consequent upon the order passed in this application on 25.06.2018, the accused-petitioner has visited the Police Station on 26.06.2018 at 11.00 a.m., but well before that, Inspector Sarav Dayal had left for Shimla alongwith record which was sought to be produced in this Court on the previous date, i.e. 27.06.2018. Also that the accused-petitioner was interrogated though not by her but by Head Constable Satya Devi on that day. The status report filed on the previous date that the accused-petitioner had absconded and even did not reported for interrogation on the direction of this Court, also according to her came to be made on account of communication gap.

(2.) Any how, now the accused-petitioner has been interrogated in this case. As per the status report filed, no recovery is required to be made from him. The apprehension of the Investigating Agency, however, is that in case he is released on bail, may terrorise the witnesses and tamper with the prosecution evidence.

(3.) Without lamenting much on the merits and avoiding the detailed discussion, as in that event, prejudice is likely to be caused to the case of either party suffice would it to say that relations between the complainant and accused-petitioner seem to be not cordial. She has left the matrimonial home allegedly on account of her harassment and torturing not only by the accused-petitioner but his parents also and residing in a rented accommodation with her daughter and son. The accused-petitioner is also residing with her in the said rented accommodation, it is difficult to believe so at this stage. Therefore, putting him behind bar particularly when no recovery is to be effected from him and he is available to the police for interrogation is not warranted.