The main legal point established in the judgment is that grounds such as having a young child and alleged insufficiency of evidence are not sufficient to grant bail in a heinous crime like murder.

JUDGMENT

Anoop Chitkara, J. - The present petition is filed by the petitioner under Section 439 of the Code of Criminal Procedure, seeking regular bail in F.I.R. No. 231/17, 28.9.2017, registered at Police Station Balh, Distt. Mandi, H.P., under Sections 302, 392, 201, read with Section 34 of the Indian Penal Code. In this case, police report stands filed under Section 173 Cr.P.C.

2. I have heard learned counsel for the petitioner as also the learned Assistant Advocate General for the respondent/State. Status report also perused. Police file was also made available to the Court which was thoroughly seen and returned.

3. The gist of the prosecution case necessary for the purpose of deciding this bail application is as follows:

(a) On receipt of information of a dead body of a lady lying near her house, police swung into action. Inspector Sanjeev Sood, SHO, Police Station Balh, started the investigation and reached the spot.

(b) After preliminary investigation, Sh. Prem Singh gave his statement to Inspector Sanjeev Sood, SHO, Police Station Balh, which he recorded as statement under Section 154 Cr.P.C. on 28.9.2017 at 2.00 p.m., at Sakroha, which was the spot of the incident.

(c) In the said statement Prem Singh stated that deceased Fulmu Devi was his elder sister and was residing separately at Sakroha. Her husband had died long time before. No issue was born to the couple. She used to reside alone in the house.

(d) He further stated that on 28.9.2017, in the morning at about 9.30 a.m., his nephew Jalam Ram informed him that his sister had died. On this he reached Sakroha.

(e) On reaching the house of his sister, he noticed that lot of people had assembled there. The dead body of his sister was lying at the southern portion outside the house, with both the arms of her sister tied with shawl, and blood oozing out from the mouth.

(f)He further stated that his sister used to wear rings, made of gold, in her ears but those were not noticed by him in her ears.

(g) He further stated that when he checked the residential room of his sister then he noticed that the lock holder of the trunk was broken and the lock was hanging from it. The luggage of the room was also shattered.

(h) He further stated that his sister had hired one Krishna Devi as a care-taker.

4. On these allegations, the present FIR was registered.

5. During investigation, police recorded the statement of Krishna Devi under Section 161 Cr.P.C. She stated as follows:

(a) The husband of Fulmu Devi deceased had died 20 years before and the couple was issue less.

(b) Fulmu Devi deceased used to reside alone in her house and she was slightly lame because one of her legs had been operated.

(c) She further stated that Fulmu devi had around one bigha land (750 Sq. Mts.) around her house. Apart from that there is also a single storied cemented house.

(d) She further stated that she used to take care of Fulmu Devi deceased for the last two and a half years. She would return back to her home after cooking the evening meals.

(d) On 27.9.2017, as usual, she went to her house, cooked food for her, and thereafter returned at 7.30 p.m.

(e) On the next day, i.e. 28.9.2017, in the morning at about 8.30 a.m., she came to know through her daughterin-law Babli that Fulmu Devi is dead.

(f) She further stated that some unknown persons have caused her death, after committing robbery at her house.

6. The Investigating Officer got the post mortem examination of the deceased conducted through Government Hospital Mandi at Ner Chowk. In the post mortem report there is no mention of time between the injury and the death and the probable time between death and post mortem is 12 24 hours. The post mortem took place on 28.9.2017 at 5.00 p.m., that is the same day. As such Fulmu Devi is likely to have died any time from the evening of 27.9.2017 till the morning of 28.9.2017.

7. After investigation, police arrested one Durga Dass on 4.10.2017. Police recovered one mobile phone from Durga Dass, which belonged to the deceased. I