DORI LAL IN JAIL Vs. STATE

JUDGEMENT

(1.) HEARD Sri Rajul Bhargava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Kartikey Singh, learned counsel for the complainant. This bail application has been filed by the applicant Dori Lal with a prayer that he may be released on bail in Case Crime No. 187 of 2010, under Sections 354, 376, 511, 307, 302 I.P.C., Police Station Shergarh, District Mathura.

(2.) THE facts in brief of this case are that the F.I.R. has been lodged by Bishan Singh on 28.12.2010 at 8.10 P.M. in respect of the incident allegedly occurred on 28.12.2010 at about 2.30 P.M. It is alleged that on 28.12.2010 at about 2.30 P.M. the daughter of the first informant was present at her house. The wife of the first informant had gone to the agricultural fields. The first informant was not at his house. In the meantime, the applicant came to the house of the first informant and outraged the modesty of the deceased. When the deceased shouted then the applicant poured kerosene and set her on fire. By that time, the first informant also came to his house. In presence of the first informant, the applicant came out from the house. He was seen by some other persons also. Anyhow the fire was extinguished and deceased in an injured condition was taken to the District Hospital, Mathura where her treatment was going on. According to medical examination report, the deceased was brought by his father. She was medically examined on 28.12.2010 at 4.45 P.M. She had sustained superficial to deep burn injuries. She was having 100% burns on whole of the body on anterior and posterior aspects. She scummed to her injuries on 29.12.2010 in District Hospital, Mathura. Her post-mortem examination was done on 29.12.2010 at 4.00 P.M. According to post-mortem examination report, the deceased had sustained ante-mortem superficial to deep burn injuries. The dying declaration of the deceased was also recorded by Tehsildar (Judicial) Sadar, Mathura on 28.12.2010 at 7.25 P.M. According to dying declaration, the deceased was taken to a room forcibly by the applicant where she was sexually assaulted and she was threatened not to disclose this fact to anybody. When the deceased asked to disclose this fact, kerosene was poured upon her and she was set on fire. The applicant was caught by her father, thereafter he was handed over to the police. The applicant applied for bail before the learned Sessions Judge, Mathura who rejected the same on 22.4.2011.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that it is a case in which the applicant entered into house of the deceased when she was alone in the house. Her modesty was outraged by the applicant and she was raped. When the deceased asked to disclose this fact, kerosene was poured by the applicant and she was set on fire. The first informant came to the place of occurrence and saw the applicant when he was coming out from the house of the deceased after committing the alleged offence. The deceased in an injured condition was taken to the District Hospital, Mathura by the first informant. She had sustained burn injuries. On the same day, the Investigating Officer moved an application to A.D.M., Mathura for recording the dying declaration of the deceased. The A.D.M., Mathura referred the matter to the S.D.M. Sadar, who deputed Raja Ram Yadav, Tehsildar (Judicial), Sadar, Mathura for recording the dying declaration. Thereafter dying declaration of the deceased was recorded. According to dying declaration also, the deceased was raped by the applicant forcibly in her house, thereafter kerosene was poured and she was set on fire. It is not material that the deceased had made dying declaration about the arrest of the applicant by her father. The dying declaration was recorded after certificate of fitness issued by doctor. In such circumstances, the applicant may not be released on bail. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from perusal of the record, it appears that in the present case the allegation has been made against the applicant that he outraged the modesty of the deceased but according to dying declaration of the deceased, she was raped by the applicant, thereafter kerosene was poured and she was set on fire by the applicant. The deceased in an injured condition was taken to the hospital by her father where dying declaration of the deceased has been recorded by the Tehsildar (Judicial), Sadar, Mathura in which she had made the allegation against the applicant of committing rape and setting her on fire after pouring kerosene. The deceased had sustained burn injuries. Gravity of offence is too much, hence without expressing any opinion on merits of the case, the applicant is not entitled for bail, therefore, the prayer for bail is refused. Accordingly, the bail application is rejected.