Raja @ Manoj Kumar Divedi vs State of Haryana

M.L. Singhal, J.

This is a Criminal Miscellaneous Petition whereby Raja alias Manoj Kumar Divedi is claiming anticipatory bail in case FIR No. 39 dated January 16, 1999 under Sections 363/354/506/120B of the Indian Penal Code registered at Police Station Central Faridabad.

The prosecution case, in brief, is that Shalini Malhotra daughter of Shri Som Nath Malhotra, is studying in 11th Class in Daya Nand School Faridabad. At about 6.00 p.m., on January 16, 1999, she along with her friend Anu went to the market on her scooter for the purchase of books. After about half an hour, they came back weeping. Shalini told her father that when they had reached just ahead of S.P. office on their scooter, two scooters came from behind. One was being driven by one boy and the other was boarded by two boys. Both those scooters surrounded Shalini''s scooter. On the scooter which was boarded by two boys, one was Raja son of Shri B.B. Divedi, resident of Sector 15A, Faridabad (petitioner herein) who, Shalini had known since before. Raja was holding a knife. He told Shalini (sister of Pankaj) how would she escape that day. He told Shalini to continue driving her scooter along with them and in case she raised any alarm or stopped the scooter, she would be killed. After covering a little distance, all the three scooters collided with each other and fell down. Raja touched her breasts and sat on her. Some persons collected there out of whom, one Sansar Pal son of Late Shri Ganga Lal Jat resident of Daulatabad was known to Shalini since before. He rebuked those boys and tried to apprehend them. Those boys ran away on their scooters. Those boys while running were proclaiming "Shalini how would you save herself in future. They would complete the task entrusted to them." Raja had also earlier misbehaved in this fashion with Shalini twice. With regard thereto, Shri Som Nath had moved an application in the Police Station Central three months earlier. In that connection, the police had called Raja and his father to the Police Station and in the presence of Beradari Panchayat, Shri B.B. Divedi and Raja had felt remorseful. As per Shri Som Nath, Shri B.B. Devidi felt grudged on account of that insult and he got his daughter insulted/molested.

Learned counsel for the petitioner submitted that the petitioner is a juvenile. He was born on April 10, 1983 as shown in the Matriculation Examination Certificate Annexure P1 held in March 1998 by the Punjab School Education Board as also in the Character certificate Annexure P2 issued by the school. He further submitted that all other offences are bailable except the one under Section 506 of the Indian Penal Code. It was further submitted that no offence was made out either under Section 363 or 354 or 506 of the Indian Penal Code. It was further submitted that the prosecution story is improbable and unbelievable.

Petitioner is shown to have been born on April 10, 1983. If that is so, he was a juvenile on January 16, 1999 i.e. when the offence was allegedly committed. The learned A.A.G. for the State of Haryana has submitted that it lay upon the petitioner to prove affirmatively that he was a juvenile on the date of the commission of the offence. It will be adjudicated upon at the trial whether the petitioner was or was not a juvenile. The fact remains that he is youthful and raw. Offences punishable under Sections 363/354 of the Indian Penal Code are bailable. Only the offence punishable under Section 506 of the Indian Penal Code is nonbailable. Petitioner''s custody is not required for investigation for the offence under Section 506 of the Indian Penal Code. It is, therefore, ordered that in the event of arrest, the petitioner shall be admitted to bail by the Investigating Officer. Petitioner will keep joining the investigation as per the directions of the Investigation Officer. The petitioner shall remain under the surveillance of the police till March 31, 2000. He will report at Police Station Central Faridabad every Saturday so that the police keeps itself abreast of his activities.

This Criminal Misc. is disposed of in the above terms.