LAWS(HPH)-2019-11-115

NARINDER KAUR PALL Vs. STATE OF HIMACHAL PRADESH

Decided On November 27, 2019
Narinder Kaur Pall Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 438 of the Code of Criminal Procedure seeking their release, in the event of their arrest, in case FIR No. 23 of 2019, dated 14.06.2019, under Section 498A read with Section 34 IPC, registered in Women Police Station Solan, District Solan, 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 the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14.06.2019 an FIR alongwith other documents was received in the office of Superintendent of Police, Solan. As per the FIR, Smt. Navdeep Kaur (complainant) was married to Sunny Pal (petitioner herein). After one month of marriage her husband Sunny Pal and mother-in-law Narinder Kaur Pal (petitioner herein) told her that she brought insufficient dowry. The petitioners used to maltreat her and beat her. Despite indulgence of elders of the complainant and repeated requests, the petitioners paid no heed and continue to maltreat her. In August, 2018, she was ousted by the petitioners and a demand of rupees three lac and a car was raised. Upon the complaint, so made by the complainant, a case was registered and the investigation ensued. Police recorded the statements of the witnesses. On 25.09.2019 the petitioners joined the investigation and since then they are joining and co-operating in the investigation. Police procured the records qua the marriage of the complainant with petitioner Sunny Pal. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners have committed a serious crime. There is possibility that in case at this stage the petitioners are enlarged on bail, they may flee from justice, as they are residents of Madhya Pradesh. The petitioners can also tamper with the prosecution evidence, so the applications be dismissed.