The seriousness of the allegations, the stage of investigation, and the potential impact on the investigation and public interest are important considerations in determining the grant of anticipatory bail.

P.S. Rana, J.

Present anticipatory bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail relating to FIR No. 41 of 2016 dated 27.2.2016 registered under Sections 498-A, 307, 302, 34 IPC at P.S. Jawali District Kangra (H.P.)

2. It is pleaded that petitioner is innocent and petitioner has been falsely implicated in present case. It is pleaded that there is no direct or indirect evidence connecting the petitioner with alleged crime. It is pleaded that dying declaration recorded by SDM Kangra completely eliminates the participation of petitioner in criminal offence. It is pleaded that petitioner has two small children and investigation of case is over and investigating agency did not require personal custody of petitioner and further pleaded that detention of petitioner would not advance the cause of justice in any manner and also pleaded that petitioner will join the investigation of case whenever and wherever directed by investigating agency. It is pleaded that any condition imposed by Court will be binding upon the petitioner. Prayer for acceptance of anticipatory bail application sought.

3. Per contra police report filed. As per police report deceased Sapna Devi was married about 6½ years ago with co-accused Kali Dass son of Rattan Chand. There is recital in police report that after two years of marriage co-accused Puja Devi wife of Sanjay Kumar who is sister-in-law of deceased generally abused the deceased and also used to give unwarranted oral remarks. There is recital in police report that on 25.2.2016 deceased telephoned in her parental house and informed that accused persons are committing cruelty to deceased in her matrimonail house. There is recital in police report that deceased in hospital informed that Puja Devi co-accused has abused her and also levelled allegations of adultery and told the deceased that she has kept many husbands. There is recital in police report that deceased was referred to CHC Jawali and thereafter deceased was referred to RPGMC Tanda. There is also recital in police report that site plan was prepared and plastic canny of kerosene oil also took into possession. There is also recital in police report that dying declaration of accused under Section 32 of Indian Evidence Act 1872 was recorded by learned SDM Kangra. There is also recital in police report that as per dying declaration deceased was pushed inside the kitchen by co-accused Ichha Devi, co-accused Rattan Chand, co-accused Puja Devi and co-accused Kali Dass and thereafter accused persons bolted the door from inside and thereafter co-accused Kali Dass, co-accused Ichha Devi, co-accused Puja Devi and co-accused Rattan Chand beaten the deceased and thereafter sprinkled the canny of kerosene oil upon body of deceased and thereafter lit the body of deceased with fire. There is recital in police report that deceased had died within seven years of her marriage due to cruelty committed upon deceased by accused persons in her matrimonial house and due to allegations of adultery by accused persons. There is recital in police report that deceased was burnt alive by pouring kerosene oil. There is also recital in police report that report of viscera still awaited. Prayer for dismissal of anticipatory bail application sought.

4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the non-petitioner and also perused the record.

5. Following points arise for determination in present anticipatory bail application:-

1. Whether anticipatory bail application filed under Section 438 of Code of Criminal Procedure by petitioner is liable to be accepted as mentioned in memorandum of grounds of bail application before filing of investigation report under Section 173 of Code of Criminal Procedure 1973 in criminal culpable homicide case amounting to murder?

2. Final Order. Findings on Point No.1 with reasons

6. Submission of learn