JATIN GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 16 of 2019, dated 22.06.2019, under Sections 498A, 406 and 506 IPC, registered in Women Police Station Una, District Una, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 22.06.2019 Smt. Rajni Devi (complainant) made a complaint to the police and alleged that she was married with petitioner Jatin on 04.12.2017. She has further contended that at the time of marriage gold ornaments and gifts etc. were given. During marriage, a demand of rupees two lacks was raised and the father of the complainant gave money. After only two weeks of marriage, the petitioners started ill treating the complainant and they raised demand of rupees five lac. The parents of the complainant settled the matter by giving money and other articles to the petitioners. Thereafter, the petitioners time and again said that the dowry was not given as per their status. The complainant has further alleged that she was maltreated, harassed and forced to starve. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. Police recorded the statement of the complainant and other witnesses. Police also procured the relevant records qua marriage of the complainant with petitioner Jatin. It has come in the police investigation that the petitioner used to physically and mentally torture the complainant. The complainant was used to be abused by the petitioners for no reason and behaviour towards her was inapt. As per the police, challan in the case has been prepared and it will be presented in the Court soon. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners used to mentally and physically torture the complainant and their behaviour towards the complainant was cruel. It is prayed that the bail applications of the petitioners be dismisses.