Manu vs State

Budihal R.B, J.—This is the petition filed by the petitioner accused u/s 439 Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 376, 306, r/w Section 34 of IPC registered in respondent police station crime No. 122/14 and subsequently Investigating Officer filed an application requesting before the Court to insert Section 4(B) of the Protection of Children from Sexual Offences Act and Section 114 of IPC.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also heard the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his arguments made submission that even in the complaint itself it is stated by the complainant that at the first instance, the victim has mentioned that because of the burst of the stove incident has happened which is accidental. But later on the complainant has mentioned in the complaint that it is wrong statement that she has made at the first instance. Learned counsel for the petitioner has submitted that though it is the case of the prosecution that she was admitted to hospital on 09.06.2014 and died after 3 days her statement was not recorded by way of dying declaration by the hospital authorities or even by the police. Hence he made submission after her death complaint has been lodged against the petitioner by making false allegation. Petitioner is a student and he is studying in I year BA appearing for the said examination and he has produced Marks card of the S.S.L.C, PUC and also Hall Ticket for I year BA examination. He further submitted that petitioner is aged about 22 years by imposing any reasonable conditions he may be enlarged on bail.

As against this, learned High Court Government Pleader during the course of his argument made his submission that complaint averments prima facie goes to show the involvement of the present petitioner in commission of the alleged offence and statement of relatives of the deceased also goes to show that the present petitioner took her to different places and he has committed sexual intercourse on her. He also further submitted that the matter is still under investigation hence, at this stage petitioner is not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, Complaint and all other materials produced by the petitioner along with the petition. Perusing the complaint statement it goes to show that victim girl who is aged about 15 years and as her lover the present petitioner refused to marry her she was disappointed in her life and she poured kerosene and lit fire to herself but in the complaint averments it is also stated by the complainant that in the beginning she has given a wrong statement that the kerosene oil from the stove fell on her accidentally and incident has taken place. So this statement is also gains support from the discharge summery column No. 2 regarding brief history it is mentioned in the said column that alleged history accidental thermal burns at home while cooking. So looking to the averments in the said documents, so also averments made by the complainant that she has made a statement that it was an accidental fire and if this statement is taken into consideration it is contrary to what the complaint is made in the complaint. Therefore it is the matter to be ascertained during the course of the trial by the Trial court after recording the evidence. Petitioner contended that he is innocent and not involved in commission of the alleged offence and he is ready to abide by any conditions to be imposed by the court.

I have perused the documents he has produced, marks card show that he is a student who is studying in 1st B.A. Looking into all these materials on record and as the alleged offences are also not exclusively punishable with death or imprisonment of life by imposing reasonable condition petitioner can be enlarge on bail.

Accordingly, petition is allowed, Respondent-police are directed to release the petitioner-accused on bail in Crime No. 122/2014 for offences punishable under Sections 376, 306 r/w Section 34 of IPC and subsequently insertion of Section 4(B) of the Protection of Children from Sexual Offences Act and Section 114 of IPC, subject to the following conditions:

i) Petitioner to execute a personal bond for Rs. 100,000/-(Rupees One Lakhs Only) and to furnish one surety for the likesum to the satisfaction of the concerned Court..

ii) Petitioner shall not tamper the prosecution witnesses directly or indirectly.

iii) Petitioner shall appear before the concerned Court regularly.