IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.143 of 2008 Decided on: March 07, 2008. Milap Chand …Petitioner. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner: Mr Bhupender Ahuja, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No.212/07 dated 10.9.2007 registered at Police Station, Palampur under Sections 498-A and 307 I.P.C. 2. The prosecution case, in brief, is that complainant and the petitioner were married on 6.5.2007 and lived happily for about one month. Thereafter, the petitioner started maltreating complainant physically as well as mentally. In the month of August the complainant had gone to her parents’ house. On 28.8.2007, the petitioner asked the complainant whether she could come to Spedu to which complaint said yes, therefore, the petitioner reached Spedu at about 9 p.m. and complainant was with him. The petitioner took out bottle of Rum from his bag and consumed two pegs and he also Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… forced the complainant to take one peg also. The complainant refused to take second peg of Rum. On this, petitioner tried to strangulate the complainant and she became unconscious, she also vomited after some time. The petitioner left for Pathankot at 3 a.m. The complainant disclosed this fact to her mother at 9 a.m. and the complainant was admitted in Karan hospital where she remained admitted for 3 – 4 days. On 8.9.2007 at about 7.30 p.m. petitioner asked her to meet him at Palampur. The complainant accordingly at 11 a.m. reached Neugal Café and petitioner met the complainant on 9.9.2007 near ITI, both of them took Kurkure and at about 3 p.m. the petitioner got up and took her towards a cliff and kept her busy in gossiping. The petitioner with the intention to kill the complainant pushed her and she fell down 50 – 60 meters in the Neugal Khad and the petitioner fled away from the place of occurrence. The complainant became unconscious and on regaining consciousness she came to Bus Stand where Pradeep met her and she disclosed the incident to him. The F.I.R. was got registered at the instance of complainant on 10.9.2007 at 6.10 hours. On 26.2.2008 notice was given to respondent and learned Additional Advocate General has filed the status report of the case. 3. Heard and perused the record. On behalf of the petitioner, it has been submitted that he has been falsely implicated in the case. The story of the prosecution is false and highly improbable and false allegations have been made against the petitioner. The nature of injuries is simple. No case under Section 307 IPC is made …3… out. The learned counsel for the petitioner has prayed for releasing the petitioner on bail. 4. The bail application has been opposed by Shri A.K.Bansal, learned Additional Advocate General. It has been submitted that the conduct of the petitioner towards complainant is cruel. The petitioner and complainant were married in May 2007. Thereafter petitioner treated the complainant with cruelty both mentally and physically. The allegations against the petitioner are serious, hence, he is not entitled to bail. 5. In the status report, it has been submitted that from the medical examination of the complainant, nine simple injuries were found on her body. The complainant has alleged that on 9.9.2007 she remained with the petitioner from 11 a.m. to 3 p.m. in the forest near Neugal Café. She was thrown from a cliff and she had a fall of 50 – 60 meters, but despite that, as per medical of the complainant, she has received simple injuries on her person. The complainant has also alleged previous misconduct of the petitioner towards her and even attempted to strangulate her on 28.8.2007 but she agreed to join the company of petitioner just on one telephone call on 9.9.2007. The complainant of her own went from the alleged place of incident to the Bus Stand and narrated the incident to one Pradeep Kumar but surprisingly the F.I.R. was lodged on 10.9.2007 at 6.10 hours. There is delay in lodging the F.I.R. In the status report, it has been submitted that the challan has already been submitted on 10.12.2007 in the Court. Therefore, in the facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released …4… on bail in case in F.I.R. No.212/07 dated 10.9.2007 registered at Police Station, Palampur under Sections 498-A and 307 I.P.C. on his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of learned Sessions Judge, Kangra at Dharamshala subject to the condition that the petitioner shall not tamper with the prosecution evidence nor terrorize the prosecution witnesses in any manner. 6. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti, on usual terms. March 07, 2008 ( Kuldip Singh ), J. (soni)