GOPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 35 of2019, dated 03.08.2019, under Sections 498A, 307, 323 read with Section 34 IPC, registered Police Station Sadar 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 keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 03.08.2019, Smt. Banita Mehta (complainant) moved a complaint to the police and alleged that she was married to Gopal Singh (petitioner in Cr.MP(M) No. 1636 of 2019) and out of the wedlock two sons were born. The complainant has alleged that petitioner Gopal Singh fell in the habit of gambling and taking liquor. Petitioner Gopal Singh often used to beat the complainant and on 01.08.2019, at about 10:00 p.m., petitioner Gopal Singh picked up a quarrel with the complainant. Petitioner Gopal Singh, alongwith his brother and mother gave beatings to the complainant and also tried to kill her. Somehow the complainant freed herself from their clutches. Thereafter, the complainant became the patient of depression and she came to the house of her parents. The complainant sought a police action on the premise of the above complaint. Police, on the complaint of the complainant, registered a case and the investigation ensued. Police got the complainant medically examined and on 03.08.2019 petitioner Gopal Singh was arrested and he was also medically examined. Police prepared the spot map and also recorded the statements of the witnesses. On 05.08.2019 petitioner Arun Kumar (devar of the complainant) was also arrested and he was medically examined. On 19.08.2019 the learned Trial Court dismissed the bail applications of petitioners Gopal Singh and Arun Kumar, whereas bail co-accused Kunta Devi (mother-in-law of the complainant) was accepted and she was enlarged on bail by the learned Trial Court on 31.08.2018. During the course of investigation, police lifted the scientific samples and sent the same for forensic analysis to SFSL, Junga, result whereof is still awaited. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious offence and there is possibility that in case at this stage they are enlarged on bail, they may flee from justice or tamper with the prosecution evidence.