Heera Lal S/o Shri Bhanwar Das Vaishnav vs The State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.209/2016, registered at Police Station

Gangapur, District Bhilwara for the offences under Sections 147,

149, 452, 323, 302 and 354 IPC and Sections 11/12 of the POCSO

Act.

Learned counsel for the petitioner drew the Court''s attention

to the parcha bayan of deceased Pooja wherein she alleged that

she was taking bath on 20.7.2016. Suresh was clandestinely

watching her taking bath from roof top. She threatened Suresh

that she would complain of this indecency to her Mama. Upon

returning to her home, she complained about the incident to her

Mama. Thereafter, relatives of Suresh came to her house and

started quarrelling. She was heating milk at that time and

apprehending that her Mama would scold her, she poured

kerosene on her body and immolated herself. Learned counsel for

the petitioner also drew the attention of the Court to the

statements of the witnesses Jagdish Chandra, Badri Lal and

Lokesh, all of whom stated that Pooja set fire to herself upon

being apprehensive of the actions of the accused persons. He thus

urges that the dying declaration of Pooja recorded on the next day

of incident by the Magistrate wherein she alleged that the present

petitioner poured kerosene upon her and Suresh set fire to her is

unbelievable and hence, the petitioner deserves to be enlarged on

bail.

Learned Public Prosecutor vehemently opposes the

submissions advanced by the petitioner''s counsel. He relies upon

the dying declaration of Pooja recorded by the Magistrate and

urges that there is clear allegation in the said statement that

Heera Lal poured kerosene and Suresh set fire to the girl and

thus, the petitioner should not be released on bail.

I have given my thoughtful consideration to the arguments

advanced at the Bar and perused the material available on record.

The FIR was lodged on 20.7.2016 on basis of the parcha

bayan of deceased Pooja recorded by the S.H.O., P.S. Gangapur in

the presence of the medical officer. In such statement, she alleged

that she herself poured kerosene on her body and lighted fire. The

said statement of the deceased is corroborated by the statements

of the witnesses named above who are all her close relatives. The

story was given a twist on the next day i.e. 21.7.2016 when the

dying declaration of Pooja was recorded by the Magistrate at

Government Hospital, Udaipur. In this statement, she alleged that

the petitioner poured kerosene on her person and thereafter,

Suresh set her to fire.

In this background and having regard to the facts and

circumstances as reflected from the record and particularly,

significant contradictions appearing in the two statements of the

deceased and considering that even in the dying declaration

recorded by the Magistrate, the allegation of setting the deceased

to fire is attributed specifically to Suresh, this Court is of the

opinion that the petitioner deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Heera Lal arrested in

connection with F.I.R. No.209/2016, registered at Police Station

Gangapur, District Bhilwara shall be released on bail provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.