Arati Soni vs State of C.G.

P. Sam Koshy, J.�This is the first application filed under Section 439 of Cr.P.C. for grant of bail to applicant-accused who has been arrested on 9.2.2014 in connection with Crime No. 81/2014 registered at Police Station - Bemetara, District - Bemetara, for the offences punishable under Sections 302, 318 of IPC. As per the prosecution, it is a case where the applicant-accused is alleged to have committed the offences under Sections 302, 318 of IPC. The allegation against the applicant-accused is that the prosecutrix was having physical relationship with the husband of her sister and on account of said relationship that she was having, she got conceived and ultimately she gave birth to a child on 7.2.2014. According to the prosecution, the applicant-accused in order to suppress the fact that she has delivered a child being unmarried, she immediately throttled the child to death and threw the body in a drain which was subsequently recovered and on investigation it was found that it is the present applicant-accused who had delivered the child, and the fact that the applicant had delivered a child is also proved from the medical report.

Learned counsel for the applicant, however, submits that the applicant-accused is an unmarried lady aged about 20 years and due to misfortune she had physical relationship with a married man and incidentally she also got conceived and ultimately she delivered a child and for the reason that she was an unmarried girl she could not have face the society of bearing a child without getting married and she would also not have been able to face the humiliation of this fact being known to the society in her entire life, she took the unfortunate decision of throttling the child to death. Learned counsel for the applicant further submits that the applicant-accused is in jail since 9.2.2014 i.e. almost about five months she has been in jail and which may also be considered by the Court for granting the bail to the applicant-accused.

Learned counsel for the State opposes the bail application and draws the attention of this Court to the seriousness of the offence and the manner in which the applicant-accused had delivered the child and subsequently throttled the child to death.

Having considered the rival submissions of the learned counsel for either side and taking into consideration the total facts and circumstances of the case, particularly, the facts that the applicant-accused is an unmarried lady aged about 20 years and that she has been in jail for about five months, I am of the view that it is a fit case where the applicant-accused can be extended the advantage of bail. Accordingly, the application for grant of bail is allowed. It is directed that in case the applicant furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then she shall be released on bail on the following further conditions:--

(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(ii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iii) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.