Point of Law: Grant of bail is the rule and refusal is the exception.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for grant of bail in case FIR No. 93 of 2022, dated 13.8.2022, under Sections 302, 120-B and 201 of IPC, registered at Police Station, Keylong, District Lahaul Spiti, H.P.

2. Petitioner was arrested on 03.09.2022. He remained in police custody till 14.9.2022 in the first instance and thereafter from 16.9.2022 to 19.9.2022. Petitioner is in judicial custody since 19.9.2022.

3. Brief facts necessary for adjudication of the petition are that the petitioner was married to Ms. Nidhiba (now deceased) on 05.02.2022 in Ahmedabad. Petitioner and his wife (deceased Ms. Nidhiba) undertook a pleasure trip to Leh-Ladakh in the month of July, 2022 through a Travel Agency named “Zoyo Trip Holidays” (a unit of Manali-Leh Adventure). On return journey, they halted at a place named “Jispa” in Lahaul-Spiti District, Himachal Pradesh. The travel agent had booked their stay in Himalayan Spirit Camp, Jispa, which had “tented” accommodation. Petitioner and deceased stayed in a tent, which was pitched near to the ‘Bhaga River’. During mid-night, the body of Ms. Nidhiba was found, half floating in ‘Bhaga River’ with her left leg struck in the crate wire used at the spot to hold the river bank. Ms. Nidhiba when retrieved from the spot was found dead.

4. There are rival versions regarding the cause of death of Ms. Nidhiba. The first version is that the deceased and petitioner after having their dinner in Himalayan Spirit Camp enjoyed the “Bon-fire” till about 11.00 p.m. Thereafter the deceased expressed her wish to sit on the bank of river for some time with petitioner. Both of them sat on the river bank till about 12.45 a.m. and then came back to their tent. The deceased was still interested to sit on the river bank, however, petitioner was feeling sleepy and had in fact gone to sleep. After some time, petitioner noticed that the deceased was not on the bed. He called on the mobile number of his wife, but she did not attend the phone. Petitioner came out of tent and found none. He went to the river bank and found that the foot of his wife was struck in the crate wire and rest of her body was floating in the river water. The mobile phone of the deceased was lying on the spot. Petitioner tried to retrieve the body of his wife from water, but could not succeed. Thereafter, he raised hue and cry, at which other occupants of the Camp came out and with their help, the body was taken out. Ambulance was called. The body was taken to hospital, but was declared brought dead.

5. The other version is that the petitioner had forced the face and head of Ms. Nidhiba in the river water for one-two minutes, which resulted in her death. The petitioner, subsequently, is alleged to have concocted a false story regarding accidental fall of his wife in river water.

6. The case was registered. After investigation, the Investigating Agency has concluded that the second version regarding cause of death of Ms. Nidhiba had found support from the evidence collected by it. As per Investigating Agency, the petitioner and his mother were involved in a criminal conspiracy and in pursuance thereto had caused death of Ms. Nidhiba, in a pre-planned manner. It is alleged that Ms. Nidhiba was being harassed by petitioner and his mother for dowry after the marriage. It is also alleged that in the month of June, 2022, petitioner had purchased two Life Insurance Policies for himself and his wife. The fact of purchase of Insurance Policies is also alleged to be an intentional act of petitioner to derive financial benefits after the death of his wife. On completion of investigation, challan has been presented in the Court with aforesaid allegations.

7. Petitioner has made a prayer for grant of bail on the ground that he has been implicated in a false case at the instance of the parents and other relatives of Ms. Nidhiba. The allegations regarding demand of dowry or harassment of Ms. Nidhiba for such purpose are stated to be