IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
P.S. Rana, J.
Ram Pyari wife of Shri Balak Ram - Applicant
Versus
State of H.P. - Non-applicant
Cr.MP(M) No. 1152 of 2014
Decided on: 18th October, 2014
Bail - Criminal Procedure - Sections 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC - Summary of Acts and Sections: The court discussed the provisions of Section 439 of the Code of Criminal Procedure 1973, special provisions for release on bail for women, and relevant case laws including Gurcharan Singh and others Vs. State (Delhi Administration) and Sanjay Chandra vs. Central Bureau of Investigation.
Fact of the Case:
The bail application was filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with a case registered under Sections 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC. The applicant claimed innocence and false implication, while the police report presented detailed evidence against the applicant.
Finding of the Court:
The court held that the innocence of the applicant cannot be decided at the bail stage and that the nature and seriousness of the offense, character of the evidence, and other factors must be considered. The court also emphasized the special provision for release on bail for women and the object of bail to secure the appearance of the accused at trial.
Issues: The issues revolved around the innocence of the applicant, the nature of the offense, and the special provision for release on bail for women.
Ratio Decidendi: The court's decision was influenced by the special provision for release on bail for women, the object of bail to secure the appearance of the accused at trial, and the considerations of nature and seriousness of the offense, character of the evidence, and other relevant factors.
Final Decision: The applicant was released on bail as per the special provision for women, subject to specific terms and conditions.
P.S. Rana, J.
Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 64 of 2014 dated 8.5.2014 registered under Sections 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC in Police Station Barmana District Bilaspur (H.P.).
2. It is pleaded that applicant is innocent and has been falsely implicated in present case. It is pleaded that there is no direct or indirect evidence against the applicant and investigation of the case is complete. It is further pleaded that detention of applicant in judicial custody would not advance the cause of justice. It is pleaded that any condition imposed by Court will be binding upon the applicant. It is further pleaded that deceased had set herself on fire and prayer for acceptance of bail application sought.
3. Per contra police report filed. As per police report, FIR No. 64 of 2014 dated 8.5.2014 registered under Section 302, 326-A, 307, 325, 504, 452, 506 read with Section 34 IPC in Police Station Barmana District Bilaspur against the applicant. There is recital in police report that statement of Smt. Anjana Kumari wife of Shri Kamal Kumar resident of village Saloon Tehsil Sadar District Bilaspur aged 27 years was recorded which was attested by Shashi Pal Sharma Executive Magistrate posted as DRO Bilaspur. There is recital in police report that deceased was teacher in school at Barmana and between 8 to 8.45 AM deceased was preparing herself to go to school. There is recital in police report that deceased and her husband used to reside separately and mother-in-law of deceased namely Ram Pyari, father-in-law namely Balak Ram and brother-in-law of deceased namely Vijay Kumar came from upper portion of house and abused both of them i.e. deceased and her husband and told to withdraw the case otherwise they would be killed. There is further recital in police report that father-in-law of deceased threw kerosene gallon upon the deceased and thereafter lit the fire with match box. There is further recital in police report that thereafter husband of deceased extinguished the fire and all three accused fled away from the place of incident. There is recital in police report that thereafter deceased became unconscious. There is further recital in police report that 90% burnt body of deceased was detected due to fire. There is recital in police report that site plan was prepared and burnt pieces of clothes were took into possession vide seizure memo and all accused persons were arrested. There is further recital in police report that co-accused Balak Ram had retired from police department. There is further recital in police report that deceased was referred to IGMC for further medical treatment where she died on dated 24.5.2014. There is recital in police report that post mortem of deceased was conducted and as per post mortem deceased died as a result of septicemic shock i.e. 72% Wilson classification dermoepidermal. There is further recital in police report that deceased had married with Kamal Kumar against the wishes of their family members and there were regular quarrels between the accused and deceased. There is further recital in police report that accused persons have thrown kerosene gallon upon the deceased and thereafter lit the fire with match box due to which injuries were sustained by the injured upon her body and she died. There is further recital in police report that bail application was also filed before learned Sessions Judge Bilaspur but same was dismissed. Prayer for dismissal of bail application sought. 4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record.
5. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when the case shall b
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