RAM PAL DHIMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Sec. 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 25 of 2019, dated 02.02.2019, under Sections 498A and 506 Penal Code read with Sec. 34 IPC, registered in Police Station Parwanoo, 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 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 02.02.2019 Smt. Aakshi Devgan (complainant) made a written complaint to the police, wherein she alleged that her husband, fatherin-law and mother-in-law (petitioners herein) used to beat her for bringing insufficientdowry. She has further allegedthat she was married to Vikas Dhiman(petitioner in Cr.MP(M) No. 1013 of 2019) on 27.10.2017, but after some days of marriage, the petitioners started beating her and they demanded more dowry. Due to continuous torture by the petitioners the complainant became patient of depression and her treatment was done from H.M.T. Hospital Pinjore. The petitioners raised demand of rupees fourteen lac for purchase of house for petitioner Vikas Dhiman.The petitioners also threatened her to do away with her life, in case she tries to divulge her story to anyone.On the basis of the complaint, so made by the complainant, police registered a case against the petitioners and the investigation ensued. Police procured the records qua the marriage of the complainant with petitioner Vikas Dhiman. Statements of the witnesses were recorded.Stridhan given at the time of the marriage by the parents of the complainant was handed over to the complainant. As per the police, the petitioners are joining and co-operating in the investigation. Accused Gaurav Dhiman, who isdevarof the complainant could not join the investigation, as he is studying abroad. Lastly, the prosecution has prayed that the petitioners have committed serious offence and in case they are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so their applications may be dismissed.