Rulasha Fernandes, Presently In Police Custody v. State
2021-12-17
MANISH PITALE
body2021
DigiLaw.ai
JUDGMENT Manish Pitale, J. - Heard Mr. Lotlikar, learned Senior Counsel appearing for the applicant and Mr. S. G. Bhobe, Public prosecutor appearing for the respondents. 2. In the present case, the applicant is one of the accused persons for offence registered under Sections 302, 201 and 120B of Indian Penal Code(IPC). The present case, even as per the registration of FIR and the progress of the investigation so far, indicates that it is case of the circumstantial evidence. 3. The allegation appears to be that the applicant assisted the other two accused persons in assaulting the victim and then attempted to dispose of the body. 4. As per the progress of the investigation so far, it appears that co-accused lady intended to do away with the victim with whom she was said to have had a difference of opinion and quarrel. The alleged weapons of assault have been recovered at the behest of the co-accused persons and the allegations against the applicant are based on statements given by the co-accused persons and re-construction of the manner in which the incident is said to have occurred. It is matter of record that the applicant was in police custody for 11 days and thereafter she has remained in judicial custody. The applicant was arrested on 1.11.2021. 5. Although the learned Public prosecutor has opposed the grant of bail in the present case, this Court is of the opinion that the overt acts attributed to the applicant, for the present, are based on the statements of the co-accused persons and even if such statements are to be accepted, for a moment, it appears that the role of the applicant is distinguishable from the role attributed to the co-accused persons. 6. In the application for grant of bail it is emphasized that the applicant is 23 years old women who undertakes to reside with her sister and to abide by conditions that may be imposed by this Court and further that she shall continue to co-operate with the investigation. 7. In view of the above, this Court is of the opinion that the applicant can be enlarged on bail by imposing appropriate conditions. 8.
7. In view of the above, this Court is of the opinion that the applicant can be enlarged on bail by imposing appropriate conditions. 8. Therefore, the application is allowed in the following terms:- (i) The applicant shall be released on bail in connection with FIR No. 151 of 2021 registered at Police Station, Ponda, South Goa, on furnishing personal bond of Rs.50,000/- and surety in the like amount to the satisfaction of the Investigation Officer.. (ii) The applicant shall reside with her sister at House No. 366(A), C/o. Seema Sandeep Vazarkar, besides Villa Jules, at Post-Carrem, Socorro, Goa, whose affidavit is at this application. (iii) The applicant shall produce copy of the leave and licence agreement pertaining to the said address indicating that her sister is resident of said place, within a period of two weeks before the Investigating Officer. (iv) The applicant shall not enter Ponda taluka except for attending the proceedings before the concerned Court or when she is called by the Investigating Officer. (v) The applicant shall furnish details of her mobile number and she shall not change the aforesaid address without permission of the Investigating Officer. (vi) The applicant shall not herself or through any other person seek to tamper with the evidence or influence the witnesses. (vii) The applicant shall co-operate with the Investigation and she shall not make an endeavour to contact the co-accused persons. 9. It is made clear that present application is conditionally allowed by appreciating the peculiar facts pertaining to the applicant before this Court and the order passed in this application shall not be treated as a ground of parity for the co-accused persons. 10. Needless to say that violation of any of the aforesaid conditions will make the applicant liable for cancellation of bail. 11. Application stands disposed of. 12. Authenticated copy of this order be expedited.