IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) Nos.795 of 2011 and 796 of 2011 Date of decision: 12.10.2011 1. Cr.MP (M) No.795 of 2011. Ajay Bhardwaj ….. Petitioner. Vs. State of H.P. …. Respondent. 2. Cr.MP (M) No.796 of 2011. Ratani Devi ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No.1 For the Petitioners : Mr. Ashok Sharma, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S. Rana, Asstt. A.G. Kuldip Singh, Judge (Oral) This judgment shall dispose of Cr.MP (M) No.795 of 2011, titled Ajay Bhardwaj vs. State of H.P. and Cr.MP (M) No.796 of 2011, titled Ratani Devi vs. State of H.P. as both having arisen out of FIR No. 221 of 2011, dated 26.9.2011, registered at Police Station, Boileauganj (Shimla), under Sections 498A, 323, 506 and 34 Indian Penal Code. Whether the reporters of the local papers may be allowed to see the Judgment? Yes. …2… 2. The petitioner Ajay Bhardwaj is the husband and petitioner Ratani Devi is the mother-in-law of complainant Smt. Anjana Bhardwaj. It has been stated in the applications that marriage between Ajay Bhardwaj and Smt. Anjana Bhardwaj was solemnized on 29.9.2000 and from the wedlock, they have two sons. Ajay Bhardwaj and complainant initially started running a school at Shimla, which was later on shifted to Shoghi, Shimla. Ajay Bhardwaj after marriage fell ill and was hospitalized. The doctor diagnosed him to be a patient of psychiatric disorder. On 19.9.2011, the complainant while at Shahtalai fell down from the stairs and got head injury. She was given medical treatment. 3. On 27.9.2011, petitioners came to know from newspapers that an FIR has been registered against them at police Station (West), Shimla. On inquiry, it was found that the case has been registered against the petitioners under Sections 498A, 326 and 506 read with Section 34 Indian Penal Code. The petitioners are apprehending their arrest on account of registration of the case. 4. The petitioners are innocent. They have committed no offence. The petitioners have been falsely implicated in the case. The petitioners are ready to join investigation and furnish the bail bonds. The prayer has been made for releasing the petitioners on bail under Section 438 Criminal Procedure Code. 5. The bail applications have been opposed on the basis of status report, wherein it has been stated that the case has been registered on the basis of written complaint, dated 26.9.2011 of Smt. Anjana Bhardwaj, in which it has been stated that her marriage was …3… performed on 29.9.2000. She is being treated with cruelty after 3-4 years of the marriage. It has been alleged that on 17.9.2011, the complainant was taken to Shahtalai by her husband. On 19.9.2011, her husband hit her on head with brick. It has also been alleged that complainant has apprehension that her husband would kill her, as earlier also he had threatened her. She has alleged that her mother- in-law supports her son. 6. It has been stated in the status report that in the investigation involvement of Smt. Ratani Devi has not been established. The investigation in the case is complete, only report under Section 173 Code of Criminal Procedure is to be prepared. 7. I have heard both the sides and perused the record. 8. In view of the categorical stand of the Investigating Agency that involvement of Smt. Ratani Devi has not been established, therefore, Cr.MP (M) No.796 of 2011 has become infructuous. In so far as, Cr.MP (M) No.795 of 2011 is concerned, there is nothing in the status report that petitioner Ajay Bhardwaj is not co-operating in the investigation. The Investigating Agency has not suggested in the status report that some recovery is to be made from Ajay Bhardwaj. The investigation in the case has already been completed. Therefore, Ajay Bhardwaj has made out a case for grant of bail under Section 438 Criminal Procedure Code. 9. Accordingly, Cr.MP (M) No.796 of 2011 is dismissed as rendered infructuous with a direction to the Investigating Agency/Arresting Officer to give at least seven days notice to Smt. Ratani Devi, in case Investigating Agency/Arresting Officer in future …4… intends to proceed against Smt. Ratani Devi in FIR No.221 of 2011, dated 26.9.2011. In Cr.MP (M) No.795 of 2011 in the vent of arrest of petitioner in FIR No. 221 of 2011, dated 26.9.2011, registered at Police Station, Boileauganj (Shimla), under Sections 498A, 323, 506 and 34 Indian Penal Code, the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer, with the condition that the petitioner Ajay Bhardwaj shall join the investigation as and when directed by the Investigating Officer and shall not hamper with the investigation and tamper with the prosecution evidence in any manner. 10. The observations made in the judgment are for disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy Dasti on usual charges October 12, 2011 ( Kuldip Singh ) (rkv) Judge.