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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Piar Singh Rana, J.
Vijay Kumar - Appellant
Vs.
State Of H.P. - Respondent
Cr. MP (M) No. 1324 of 2014
Decided On : 31-12-2014
Bail Application - Murder - Indian Penal Code - Sections 302, 307, 326-A, 325, 504, 506, 34 - The court considered the nature and seriousness of the offense, the character of the evidence, the circumstances peculiar to the accused, the possibility of the accused's presence at the trial or investigation, the reasonable apprehension of witnesses being tampered with, and the larger interests of the public or the State. The court found the allegations against the applicant to be heinous and grave, with a grave allegation of active participation. It held that releasing the applicant on bail at this stage would adversely affect the trial and the interests of the State and the general public. The court also rejected the argument for bail based on parity with a female co-accused, stating that the special privilege available for females in certain offenses is not available to males who have attained majority. The court accepted the submission that releasing the applicant on bail could lead to inducement and threat to prosecution witnesses, and held that it is not expedient in the ends of justice to release the applicant on bail at this stage.
Fact of the Case:
The bail application was filed under Section 439 Cr.P.C. in connection with a case involving charges under Sections 302, 307, 326-A, 325, 504, 506, 34 of the Indian Penal Code. The applicant claimed innocence and pleaded that he had no connection with the alleged crime. The police report detailed the heinous crime involving the pouring of kerosene oil and setting fire to the deceased, resulting in severe injuries and eventual death.
Finding of the Court:
The court found the allegations against the applicant to be heinous and grave, with a grave allegation of active participation. It held that releasing the applicant on bail at this stage would adversely affect the trial and the interests of the State and the general public. The court also rejected the argument for bail based on parity with a female co-accused, stating that the special privilege available for females in certain offenses is not available to males who have attained majority. The court accepted the submission that releasing the applicant on bail could lead to inducement and threat to prosecution witnesses, and held that it is not expedient in the ends of justice to release the applicant on bail at this stage.
Issues: The issues involved in the bail application included the nature and seriousness of the offense, the character of the evidence, the circumstances peculiar to the accused, the possibility of the accused's presence at the trial or investigation, the reasonable apprehension of witnesses being tampered with, and the larger interests of the public or the State.
Ratio Decidendi: The court considered the nature and seriousness of the offense, the character of the evidence, the circumstances peculiar to the accused, the possibility of the accused's presence at the trial or investigation, the reasonable apprehension of witnesses being tampered with, and the larger interests of the public or the State in reaching its decision to dismiss the bail application.
Final Decision: The bail application filed by the applicant under Section 439 Cr.P.C. was dismissed. The court's observations made in the order were stated not to affect the merits of the case in any manner and were strictly confined to the disposal of the bail application.
ORDER :
Piar Singh Rana, J.-Present bail application filed under Section 439 Cr.P.C. in connection with FIR No. 64 of 2014 dated 8.5.2014 registered at Police Station Barmana District Bilaspur H.P. under Sections 302, 307, 326-A, 325, 504 and 506 read with Section 34 Indian Penal Code.
2. It is pleaded that applicant is innocent and has been falsely implicated in the present case. It is further pleaded that applicant has no direct or indirect connection with the alleged crime. It is further pleaded that investigation in the present case is completed it is further pleaded that applicant is only bread earner in the family. It is further pleaded that applicant will not tamper with prosecution evidence in any manner and abide by the conditions imposed by the Court. It is further pleaded that applicant will also join investigation as and when directed to do so by the Investigation Agency. Prayer for acceptance of bail application is sought.
3. Per contra police report filed. There is recital in the police report that deceased Anjana Kumari wife of Kamal Kumar was teacher in Oxford School Barmana and she was preparing herself for going to school between 8.00 to 8.45 a.m. on dated 8.5.2014. There is further recital in the police that deceased and her husband Kamal Kumar used to reside separately from accused persons. There is further recital in the police report that mother-in-law Smt. Ram Pyari father-in-law Sh. Balak Ram and brother-in-law Sh. Vijay Kumar who are residing in the upper portion of the house came down and started abusing to deceased Anjana Kumari and her husband Kamal Kumar. There is further recital in the police report that Balak Ram father-in-law of the deceased Anjana Kumari threw gallon of kerosene oil upon the body of deceased Anjana Kumari and other co-accused namely Vijay Kumar and Ram Pyari caught hold husband of deceased so that husband of deceased could not save his deceased wife Anjana Kumari from burnt injuries. There is further recital in the police report that after pouring the entire gallon of kerosene oil upon the body of deceased Anjana Kumari co-accused Balak Ram lit fire with match box upon body of deceased Anjana Kumari. There is further recital in the police report that deceased Anjana Kumari sustained 90% burnt injuries and there is further recital in the police report that husband of deceased Sh. Kamal Kumar also sustained injuries. There is further recital in the police report that after registration of case site plan was prepared and burnt clothes of deceased were took into possession vide seizure memo. There is further recital in the police report that co-accused Balak Ram retired from Police Department and he also tried to cause disappearance of evidence. There is further recital in the police report that deceased was referred to IGMC Hospital Shimla. There is further recital in the police report that on dated 24.6.2014 deceased died. There is further recital in the police report that as per post mortem report deceased died as a result of septicemic shock 72% thermal injury case. There is further recital in the police report that relations between deceased and accused were not cordial because deceased married with Kamal Kumar against the consent of parents of Kamal Kumar. There is further recital in the police report that eye witness of the instant case is Kamal Kumar and statement of Kamal Kumar was recorded under Section 164 Cr.P.C. There is further recital in the police report that co-accused Ram Pyari and co-accused Vijay Kumar caught hold Kamal Kumar when co-accused Balak Ram threw kerosene oil upon the body of deceased and when co-accused Balak Ram lit fire with match box upon body of deceased. There is further recital in the police report that co-accused Ram Pyari already stood released on bail by the High Court of Himachal Pradesh and there is further recital in the police report that challan already stood filed in the Court on dated 31.7.2014. There is further recital in the police rep
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