ANIL KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Having failed to seek bail from learned Chief Judicial Magistrate, Jammu, and learned Additional Sessions Judge, Jammu, the accused petitioner has moved this application under Section 498 Criminal Procedure Code in this court. Both the courts below have refused to grant bail to the petitioner during investigation on somewhat strange grounds. I have, therefore, asked the learned counsel for the accused to make out a case before this court for bail under Section 498 Criminal Procedure Code. The resume of facts for purposes of this application is as under:

(2.) On 7.7.1984 the accused-petitioner was arrested by the police under Section 307 R. Penal Code on the ground that he had sprinkled sulphuric acid on the person of a young girl named Mirdula d/o Sita Ram r/o Mohalla Dalpathian, Jammu, who was admitted to Jammu Hospital in a serious condition as she had suffered severe burns on her back, breasts face etc. The investigation was conducted by the concerned police and during the course of investigation it has revealed that the accused with a view to wreck vengeance on the injured girl had sprinkled the sulphuric acid on her body. Statement of the girl, as revealed by the case-diaries, was recorded by the police and from her statement it transpires that the injured girl had already appeared in her P.U.C. examination and during summer break she was learning sewing. On 7.7.1984 she had gone to the Fathu Chogan Mohalla and return at about 10.30 A. M. when she had reached the lane in Mohalla Dalpatian where she resides, the accused Anil Kumar alias Chand also belonging to the same Mohalla was standing with a bottle in his hand and on seeing her he threatened her of dire consequences. On hearing the threats she is said to have stepped her paces so as to reach her home quickly and the accused followed her. As soon as she reached near the house of one Abdul Aziz, the accused sprinkled sulphuric acid from the bottle on her back side. She suffered pain and started crying. When she turned back towards the accused, the accused threw the remaining portion of the acid from the bottle on her face, eyes, chest and arms which caused severe burns to her and she started crying. On hearing her cries her neighbourers namely, Mushtaq Ahmed, Ashwani Kumar, Sudhir Kumar and others came and took her to her home which was nearby. From her home she was taken to the General Hospital Jammu, where from she was taken to P.G.I. Chandigarh and is under treatment at Chandigarh at this time. It is further revealed from her statement that prior to the date of occurrence the accused had met her at Purani Mandi, Jammu, one day and had abused her and used obscene language. She had made a complaint to her parents about the behaviour of the accused and her cousin brother Sanjay Kumar had admonished the accused. The accused had, therefore, harboured a grudge against the injured girl and had threatened her for having made a complaint against her to her home people. Statement of some alleged eye-witnesses have also been recorded under Section 161 Criminal Procedure Code by the police. The case is at the investigation stage and the challan has not yet been produced in the court. The evidence collected by the investigating agency consists of eye-witnesses belonging to Mohalla Dalpatian, Jammu and opinion of the expert about the liquid which was thrown on the injured girl. The expert has opined that the burns on the injured girl have been caused by sulphuric acid. The injured girl, the accused and the eye-witnesses belong to Mohalla Dalpatian, Jammu. The medical opinion from P.G.I. Chandigarh bas not yet been received as was stated by the learned Chief Government Advocate during the course of arguments.

(3.) The question, therefore, for consideration in this application is whether the accused fil ://D petitioner is entitled to grant of bail at pretrial stage I.e. during investigation. Elaborate arguments were heard.