The main legal point established is that bail can be granted based on the nature of the offence, the stage of trial, and the principles laid down in court pronouncements, even without commenting on the merits of the case.

ORDER :

Petitioner has approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), in case FIR No.36 of 2020, dated 09.09.2020, registered in Women Police Station Hamirpur, District Hamirpur, H.P., under Sections 498-A, 323, 494, 495, 418, 505 506 of Indian Penal Code (in short ‘IPC”) and Sections 3(1)(w)(i), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (hereinafter referred to as ‘SC&ST Act’).

2. Status report stands filed. Record was also made available.

3. Prosecution case is that on 9.9.2020, complainant Archana Devi submitted an application to HC Pawan Kumar on the basis of which FIR was registered against the petitioner for mental cruelty and harassment and physical exploitation with threat to kill the complainant. As per complaint, marriage of complainant was solemnized with petitioner on 10.5.2017 in a temple of Mata Awahdevi, District Hamirpur according to Hindu Rites and Rituals, while petitioner was posted in ITBP Camp Babeli, District Kullu HP.

4. During election of Bhoranj Legislature Constituent Assembly, petitioner was posted on elections duty in that area. During that time, on 9.4.2017 he came in contact of real aunt (tai) of complainant to whom petitioner disclosed that he was not having any brother, sister or anybody else in his family and he was orphan and was interested to settle in Himachal Pradesh because of his too much liking for Himachal Praesh and, thus, he expressed his desire to purchase land for settling in Himachal after marrying some good girl. Aunt of complainant, after having talks with parents of complainant, settled the engagement of petitioner and complainant and, thereafter, their marriage was solemnized on 10.5.2017. As per complaint, parents of complainant gifted ornaments to her and her husband of value about Rs. 7 lacs. But no dowry was given and, therefore, her husband started harassing her for dowry and took into possession all ornaments and threatened to spoil life of complainant after breaking her ‘Mangal Sutra’. Petitioner also threatened the complainant of serious consequences on disclosure about it to her relatives or parents and he also broke her mobile phone.

5. Further that, at the time of marriage, complainant was serving as a Nurse in a private hospital at Ambala after completing her B.Sc Nursing Course, but she left the job on request of her husband (petitioner) with his assurance to help to complete her Master’s degree. But instead, petitioner kept the complainant as a servant and after some days of marriage, expressed that he did not have any interest in producing child and, therefore, asked the complainant not to dream for that. Petitioner did not enter the name of complainant in his Gram Panchayat.

6. Later on, complainant came to know that petitioner was already married with one lady Haripriya who was also serving in ITBP and petitioner was father of two children. On inquiring about it, petitioner beat the complainant like animals with Army shoes and thereafter started to beat, harass and tease her continuously and also tried to burn her by sprinkling oil on her and continued to threaten to burn her alive by opening valve of domestic gas cylinder.

7. As per complaint, petitioner also tried to destroy her all identity proofs including ATM Card, PAN Card and Aadhar Card etc. and he used to call her by caste with comments that she belonged to a lower caste.

8. As per complaint, after knowing about petitioner’s earlier marriage, complainant refused to continue physical relations with him, but against her wishes, petitioner violated her so many times. It has also been complained that despite having salary more than Rs.50,000/- per month, petitioner was not giving even a single penny to complainant and on complaining about this to ITBP Officer and serving a notice through Advocate, petitioner started beating, harassing the complainant more brutally with threats to kill her.

9. Being fed up from afor