TAUFIK Vs. STATE

JUDGEMENT

(1.) The applicant, vide the present application under Section 439 of the Cr.P.C., 1973 seeks the grant of bail in relation to FIR No.322/2018, PS Sagarpur under Section 376 of the Indian Penal Code, 1860 and Section 6 r/w Section 10 of the POCSO Act, 2012 submitting inter alia to the effect that he suffers from mental illness from the time of his arrest;

(2.) It is submitted on behalf of the applicant that he had no mens rea to commit any offence and any overt act without mens rea is not culpable. It is further submitted on behalf of the applicant that in as much as he is of unsound mind and unable to understand the Court proceedings, in terms of Section 330 of the Cr.P.C., 1973 he has to be released on bail entrusting him to the custody of his relatives prescribing conditions with a view that he would not cause harm to himself or to others and to also ensure his constant medical care. It is also submitted on behalf of the applicant that even in terms of Section 439 of the Cr.P.C., 1973, if the applicant is unwell, may be released on bail. It is further submitted on behalf of the applicant that at this stage, the Court ought not to look into the nature of the offence that the applicant is alleged to have committed and that the applicant is not required for any custodial interrogation and that the charge sheet in the matter has already been filed and that there is no chance of the applicant absconding or tampering with the prosecution evidence if admitted to bail.

(3.) Notice of the application was issued to the State and the status report was also called for from the State through which it was stated that the complaint in the instant case was lodged on 14.06.2018 on receipt of a PCR Call vide DD No. 37A was received at Police Station Sagarpur regarding molestation of a 4 year old girl at Gali No.2, Kailashpuri Extension. New Delhi and thereafter Insp. Saroj Bala had examined the mother of the victim child regarding the incident who had given a written complaint stating that her child 'A' aged 4 years studied in nursery in the SDM Public School, Kailashpuri and had gone to get her gas stove repaired at 02:45 PM and in front of the shop of barber a boy named Taufik i.e. the applicant herein who had been working there since 3-4 days, called her daughter to his shop and after sometime the girl came out weeping and informed that Taufik i.e. the applicant herein had put his finger in her urine passing part and then the mother of the victim went to ask him, she also slapped him 2-4 times and after some time her spouse came there and called the police, whereupon the FIR No. 322/2018, U/s 376 of the Indian Penal Code, 1860 & Section 6 of the POCSO Act, 2012 was registered and that the MLC of the prosecutrix No. 271/2018 dated 07.08.2018 reflected "Vulval Injury Redness" and that the applicant was arrested and the statement under Section under Section 164 of the Cr.P.C., 1973 of the prosecutrix was recorded.