ARATI SONI Vs. STATE OF C G

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.