IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.M.P. (M) 1023 of 2008. Date of Decision: 16-10-2008 _______________________________________________________________ Narain Dass. Petitioner. Versus State of Himachal Pradesh. Respondent. Coram Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting1? No. For the petitioner : Mr. Ramakant Sharma, Advocate. For the respondent : Mr. J.S. Guleria, Law Officer. ___________________________________________________________ Surinder Singh, J (oral), This petition under Section 439 Cr.P.C. has been moved by the petitioner for seeking bail in F.I.R. No. 30 of 2007 registered on 12.4.2007 under Section 364, 302, 201, 404, 120-B of the Indian Penal Code in Police Station Ramshehar, District Solan. The facts are: Smt. Nisha wife of Shri Dila Ram was found missing during the intervening night of 19/20.3.2007 from her residence in village ‘Khili-Khokhla’ falling in the jurisdiction of Police Station, Ramshehar. Her husband Dila Ram, was working outside the State, in Kolcutta as a Labour. The deceased had two children, which were sent by her to her parental house a day earlier. A report regarding her missing was lodged in Police Station Ramshehar on 23.3.3007 by her father Gurbachan Singh. On 12.4.2007, Dila Ram came to his village. He Whether the reporters of local newspapers are allowed to see the Judgment? Yes. - 2 - entertained a suspicion that his wife was entangled with Shyam Lal accused which fact came to be known by the villagers and a local Panchayat was convened earlier. Panchayat warned Shyam Lal not to visit the house of Nisha Devi but he did not desist from his illegal activities. It is alleged that accused Shyam Lal had, after she was found missing, handed over the keys of her residence to ward Panch Bagga Ram. He had also provided mobile phone to the deceased. Thus, he suspected his hand in the matter. On the basis of his complaint, F.I.R. No. 30 of 2007 was lodged on 12.4.2007 under Section 365 of the Indian Penal Code in Police Station, Ramshehar. The matter was investigated. Sham Lal accused and his brother Kamal Kumar were arrested and thereafter remanded to the police custody. However, on 16.5.2007 they were released on bail by the learned Judicial Magistrate, Nalagarh. No clue with respect to Nisha was found by the Police. On 8.9.2007, a dead-body was found in a well, known as “Jharni Moorah Kuan” in Dalter Jungle in a dilapidated condition which was got extracted and F.I.R. No. 238 of 2007 was registered on 13.9.2007 in Police Station, Nalagarh. Organs of the dismembered body were collected, photographed and put in a gunny bag and then sent for post mortem examination. In order to establish the identity of the dead body, DNA profile, DNA Finger printing and diagnostics were carried out at Hyderabad on the request of Police, which established the fact that the remains of the dead body were that of Nisha Devi wife of Dila Ram. - 3 - The S.D.O.( P) Nalagarh constituted a Team to investigate the matter. During the investigation, it came to light that the mobile phone was provided to the deceased by Shyam Lal having its Sim No. 98171-97889. It was found switched off w.e.f. 19.3.2007 at 8.30 P.M. Its details were taken. The said mobile phone was kept under observation. It was found having been used by a labourer from Bihar, in Kotkhai (H.P.). The said mobile number was got recovered. Shyam Lal accused was arrested. During the course of interrogation of Shyam Lal, it came to light that he was having illicit relations with Nisha deceased. In the year 2006, she was hauled up in an excise case and she alleged false implication at the instance of Kamal Kumar the brother of Shyam Lal accused which caused ill-feeling to her. Shyam Lal accused was un-married. However, he was engaged with one lady but Nisha was unhappy because she never wanted Shyam Lal should marry some one else with the result, she used to threaten him with dire consequences and to involve him in a rape case. Shyam Lal carried on with her and both of them had tried to implicate Kamal Kumar in retaliation in illicit felling of khair trees. Thus, she sent her children to her parents’ house on 18.3.2007. Shyam Lal and Nisha both planned to go to Jungle, cut khair trees and planned to keep in the house of Kamal Kumar to implicate him. Shyam Lal accused revealed this fact to Narain Singh and Mohinder Singh his borther-in-law. Narain Singh had also worked in the house of Nisha Devi in chiselling the stones and he was to realize money from her. - 4 - During the investigation, he was also alleged to have unfolded the story that he (Shyam Lal) along with Nisha and petitioner Narain Singh went to the took her to Jungle on the pretext of felling khair trees and hatched a conspiracy to finish her. During the night around 11.00 P.M, Sham Lal strangulated her. Thereafter they returned to their respective villages. The petitioner and Mohinder Singh refused to accompany again Shyam Lal. Thus, he took his nephew Surinder Kumar to the spot, put the dead body in a gunny bag and threw it in the well known as “Jharni Moorh Kuan”. After about 20-25 days, the dead body came to the surface of the water. Sham Lal and Kamal Kumar went again to the spot and noticed this fact. He along with Mohinder Singh and Surinder Singh took out the gunny bag and chopped off the organs of the dead body. Her hairs, shoes, bangles, watch and sim card etc were kept hidden under the concrete and the cut pieces of the dead body were put in a gunny bag and threw it in the same well. Later, the hairs, shoes, bangles etc were burnt by them. The Police recovered an axe, sickle and a torch at the instance of Shyam Lal accused pursuant to his statement recorded under Section 27 of the Cr.P.C. Further, it also took into possession charcoal and earth from the place where the aforesaid articles were put on fire. The recovered articles were sent for the forensic science examination. This is how the petitioner came to be connected on the revelations of Shyam Lal and was arrested in the instant case on his statement. Prima face, there appears to be no other evidence. - 5 - The bail of the petitioner is objected on the ground that the petitioner will tamper with the prosecution evidence and may also threaten the prosecution witnesses. Challan against the accused persons is pending in the committal Court. I have heard the learned counsel for the parties and have gone through the investigation file. On the facts on record, without commenting upon the merits of the case, though it is an heinous offence but in the peculiar circumstances of the case, suffice it to say that the petitioner has a case for bail. Accordingly the prayer for his enlarging on bail is allowed and he is ordered to be released on bail on his furnishing the personal bond in a sum of rupees 20,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate Nalagarh. This bail shall be subject to the following conditions :- i) That the petitioner shall make himself available for interrogation by the Police Officer and shall present in the Court, as and when required. ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or any Police officer; iii) In case the petitioner flouts any of the conditions aforesaid, the liberty of bail shall be cancelled. - 6 - Any observation or reference, made herein above is strictly for the purpose of deciding this petition and it shall not affect the merit of this case in any manner. An authenticated copy of this order be sent forthwith, to the learned Judicial Magistrate, Nalagarh for information and necessary action at his end. (Surinder Singh) Judge. October 16, 2008. (bm)