Can't Let Them Suffer "Rough Side Of Life": JKL High Court Grants Bail To Father Of Two Minors Booked For Murder Of Their Mother

Appreciating the sensitivity of the situation Justice Rahul Bharti said that it could ignore the hard fact that the two minor daughters while on the one hand had come to suffer loss of their mother for all times to come and on the other hand are suffering the absence of their father who by virtue of his detainment, is not to be assumed to be able to attend to their welfare and well being in terms of needs of their daily life.

The petitioner was one of the two accused persons booked in relation to the death of Tripta Devi, his wife, at the instance of a complaint lodged by deceased's brother.

Earlier both the accused had moved before sessions court with their bail pleas, which while granting bail in favour of co accused namely Chaman Lal had declined to let the petitioner be on bail.

The petitioner argued that he was married to Tripta Devi in the year 2013 and out of said wedlock the petitioner has two minor daughters. Upon the death of his wife and his consequent booking in the criminal case resulting in his continuing custody with effect from 30.05.2021, the petitioner’s two minor daughters are left with no caretakers except the relatives that too of the petitioner’s side, he pleaded.

"The concern of the petitioner thus becomes genuine particularly in the background of the fact that the marriage of the petitioner with Tripta Devi had lasted more than seven years so as to be free from presumption of guilt against him with respect to the alleged underlying cause of death of his wife-Tripta Devi", the court recorded.

The court further said that for the sake of ensuring that the two minor daughters of the petitioner suffer no neglect and denial of protection, the demand of justice calls for grant of bail in favour of the petitioner bearing the legal dictum in mind that the petitioner is presumed to be innocent till proved guilty and that presumption can come into play to enable this resume his occupation for earning his livelihood for the purpose of providing care and custody of his two minor daughters who otherwise are going to suffer rough side of life for none of their fault.

Accordingly the bench allowed the petition and admitted the petitioner on bail.

Case Title: Sham Lal vs UT of J&K

Citation: 2023 LiveLaw (JKL) 17

Coram: Justice Rahul Bharti

Counsel For Petitioner: Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Gagan Kohli, Advocate

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