IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.511 of 2008. Date of decision: 29.5.2008. Dina Nath ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. N.K. Thakur, Advocate. For the Respondent : Mr. Ansul Kumar Bansal , Additional Advocate General. Kuldip Singh, Judge. (Oral) 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.58 registered on 5.4.2008 at Police Station, Gagret under Sections 302, 120-B, 201 IPC. The respondent has filed the status report. 2. Heard and perused the record. The prosecution case in brief is that on the basis of statement under Section 154 Cr.P.C of Anil Gupta, the case was registered. According to complainant her sister Monika was married to accused Ashwani Kumar about 8 years ago and from their wedlock a daughter Kritika aged 7 years and a son about 2 years were born. Monika came to Banikhet and stayed Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 with complainant for about 22 days. After marriage of Monika, she was given beatings by her husband Ashwani Kumar, mother-in-law Manorma and father-in-law Dina Nath and all of them used to demand money from her. The sister of the complainant on her last visit to Banikhet, told the complainant that her in-laws had demanded Rs.5,00,000/- . The complainant, however gave Rs.1,00,000/- to his sister and sent her to her in-laws. Monika earlier filed divorce case because of ill-treatment but later on that case was compromised at the instance of her in-laws. The complainant has alleged that he has come to know that his sister Monika has been killed by her husband Ashwani Kumar, mother-in-law Manorma, father-in-law Dina Nath and sister-in-law, who came from Jalandhar, after hatching a conspiracy. On these facts the case was registered under Sections 302, 201 and 120-B IPC at Police Station, Gagret. 3. The learned counsel for the petitioner has submitted that petitioner is about 80 years old and he along with his son and wife were arrested on 5.4.2008 in the case and since then he is in custody. He has submitted that the allegations of connivance of petitioner for committing the murder of Monika are wrong. He has submitted that ever since the marriage of deceased with Ashwani Kumar they had been living separately along with children. The investigation in the case is complete and nothing is to be recovered from the petitioner. The petitioner is ready to furnish requisite bail bonds, in case the petitioner is released on bail. The petitioner earlier filed bail application which was dismissed by learned Addl. Sessions Judge, Una on 8.5.2008. 4. The bail application has been opposed by learned Addl. Advocate General. In the status report, it has been stated that two 3 dupattas were taken into possession on the spot. The accused were arrested on 5.4.2008. The accused Ashwani Kumar made a disclosure statement under Section 27 of the Evidence Act and at his instance a cord was recovered. In investigation, it has come that accused Ashwani Kumar had some scuffle with Monika, some struggle marks were found on the neck and shoulder of Ashwani Kumar. The prosecution case is that Monika was murdered during the intervening night of 4/5.4.2008 by Ashwani Kumar in a planned manner. Dina Nath and Manorma have also conspired in the commission of the offence and for that reason they did not inform the parents of the deceased and the police. The accused pretended before the people that Monika had died due to heart attack or some times they pretended that Monika had committed suicide. As per doctor, who conducted postmortem on the body of Monika, deceased died due to strangulation ( Homicide) leading to asphxial death. Viscera was sent to Chemical Analyst and final opinion would be given after receiving the report of Chemical Analyst. As per FSL Junga report, the exhibits were examined in the laboratory microscopically and it was inferred that the maroon coloured fibers in the rope ( E/2a) match with fibers removed from the maroon dupatta in E/1. Manorma accused was released on bail on 9.4.2008. It has been stated by learned Addl. Advocate General on instruction received that investigation in the case is complete. 5. As per prosecution, there are specific allegations against accused Ashwani Kumar that he had scuffle with Monika. It is also the prosecution case that Ashwani Kumar had killed Monika during the intervening night of 4/5.4.2008 in a planned manner. The prosecution has drawn inference of conspiracy against the petitioner on the ground 4 that he did not inform police and the parents of the deceased regarding the death of Monika. At this stage to draw inference that since petitioner did not inform the police and the parents of the deceased regarding the death of Monika, therefore, he is conspirator is a very wide proposition. The allegations against Manorma mother-in-law of the deceased and the petitioner are almost same. Manorma has already been released on bail. The allegations against Ashwni Kumar are more serious. 6. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C. Accordingly application is allowed. The petitioner is ordered to be released on bail in FIR No.58 registered on 5.4.2008 at Police Station, Gagret under Sections 302, 120-B, 201 IPC on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Una. The petitioner shall not tamper with the prosecution evidence in any manner. 7. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. Copy Dasti on usual terms ( Kuldip Singh) Judge May 29, 2008 (sks)