IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
NIRMALA DEVI – Appellant
Versus
STATE OF HP – Respondent
CRMPM/2885/2025
Virender Singh, Judge (oral)
This order of mine shall dispose of both the above titled bail applications, which have been filed by the applicants, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 191f of 2025, dated 28.11.2025, registered under Sections 108, 351 (2), 352 and 3(5) of Bharatiya tNyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station, Bhunter, District Kullu, oH.P.
2. CBy way of present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above- mentioned case, as, they are apprehending their arrest, in the said case.
3. According to the applicants, they are innocent persons and have falsely been implicated in the present case.
4. The applicants have given certain undertakings, for which, they are ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.
5. Applicant in Cr.MP(M) No. 2885 of 2025, has pleaded that she is senior citizen of about 83 years of age, and has no concern whatsoever with the crime in question. The case is stated to be registered against them, just tuo harass them.
6. Theo applicants, through their counsel, have giveCn certain undertakings, for which, they are ready to abide by, in case, ordered to be released on bail.
7. On the basis of above facts, applicants Hhave sought the relief, as claimed in the present bail applications.
8. When, put to notice, Police has filed status report, disclosing therein that on 28.11.2025, a telephonic message was received from Medical Officer, Civil Hospital, Tegu Behad, who informed that one Poonam, aged about 46 years, W/o Anil, R/o Village Shamshi, has been brought dead to the Hospital and the case is stated to be a suicide case, upon which, ASI Hans Raj, alongwith other police officials, reached at the spot, where dead body was found lying in the emergency ward. MLC was obtained. Thereafter, request was made to conduct the post-mortem examination. During inspection of the body, on the rightu hand of the deceased, following words were fouond written:
“
Cमेरी मौत का जि(cid:10)म्मेवार जि(cid:13)र्फ(cid:15) मेरा (cid:10)ेठ व (cid:13)ा(cid:13) है मेरी गुज़ाजिरश है
"
काननू कड़ी (cid:13)े कड़ी कार्य(cid:15)वाहीकरे
8.1h. The aforesaid fact has also been mentioned gby the Medical Officer in the MLC. Thereafter, husband of Poonam (complainant) made a statement, under Section 173 of BNSS, disclosing therein, that he is resident of village Shamshi, and running a Karyana shop at Shamshi. He was married to Poonam in the year 2001 and has one son and one daughter. He and his brother Sunil Kumar (applicant in Cr. MP(M) No.
2886 of 2025) are having land dispute, for the last 1- 1½ years. Due to this fact, his mother applicant Nirmala Devi and Sunil Kumar used to abuse the family members of the complainant. On the day of incident, i.e. on 28.11.2025, when, the complainant and his wife Poonam were present in the shop, then, applicant Sunil Kumar came to their shop and due to the land dispute, between them, abused the complainant and huis wife and told him that they had filed a case agaoinst them and threatened to see them. He is alsCo stated to have given threatening to kill them. Due to the said fact, the wife of the complainant used to remain tensed.
8.2 Thereafter, Poonam left the shop on the Hpretext of having bath. When, for the considerable long time, she did not return back, the complainant went to his house and called his wife, but, no one responded. Her room was found locked from inside and when, he opened the door by pushing it, he found his wife to be hanging with fan, with the help of dupatta. Thereafter, complainant called his son from his shop. After cutting the dupatta, she was brought down and was taken to CHC Tegu Behad, where, the Doctor has declared her brought dead.
8.3 On the basis of above facts, as well as, on the basis
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