VIJAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 97 of 2019, dated 07.05.2019, under Sections 307, 498A, 354, 355, 323, 325, 182, 186, 189, 190, 195A, 203 and 506 IPC, registered in Police Station Sadar, Shimla, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident 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 him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 07.05.2019 Smt. Kiran (complainant), who is wife of the petitioner, got recorded her statement under Section 154 Cr.P.C. She stated that she is married to the petitioner in the year 2008, but after some days of marriage the petitioner started ill treating the complainant physically as well as mentally. As per the complainant, the petitioner used to pressurize her to give false information to the police and when she refused the petitioner overpowered her cut her hair with razor and gave her severe beatings with stick. The petitioner also tore her clothes and also threatened to kill her. The petitioner told her to cook up a false story before the police and in the morning he took her clothes off and videographed her. The petitioner sent the video to SHO, so the police visited her house. As per the police, petitioner often picks up quarrel with the neighbourers and the petitioner used to make false complaints against them. Upon the complaint, so made by the complainant, police registered a case and the investigation commenced. The complainant and the petitioner were also medically examined by the police. During the course of investigation, police found that the petitioner has installed a CCTV camera in his room, so CCTV footage was procured. The CCTV footage revealed that initially the petitioner overpowered the complainant, cut her hair and gave her severe beatings with stick. Police made the relevant recoveries and on 07.05.2019 the petitioner was arrested. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. As per the medical opinion, the injuries caused with stick could have caused the death of the complainant. The investigation further revealed that the petitioner used to report falsely to the police and it was also found that the petitioner wanted to rope in the police in some serious crime. The petitioner made 15 telephonic calls on the landline number of Police Station, Sadar Shimla, and thereby caused hindrance in official duty of Constable Sandeep Kumar. As per the police, the petitioner is habitual offender and on 30.07.2019 he made telephonic call from Kaithu Jail to the complainant and threatened to eliminate her. The complainant reported the matter and qua this incident FIR No. 160 of 2019, dated 01.08.2019, under Section 506 IPC, Police Station Sadar Shimla, was registered. Many criminal cases have been registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and many cases have been registered against him. There is anger in the nearby area and in case the petitioner is enlarged on bail there is threat to his life, as the petitioner picks up quarrel with the people of the area and on 19.03.2019, by making indecent remarks and using abusive language, he picked up quarrel with the people of the area. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.