Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
The present case is one in which, as alleged, a minor girl aged about 11 years was kept as bonded labour by the accused-applicant in her house and was ill- treated and beaten by accused-applicant from time to time. The accused- applicant badly tortured her and on 27.10.2009, the accused-applicant banged her head to the wall causing injuries to face and eyes.
Learned counsel for the applicant submits that the accused-applicant who is a lady and by profession was serving as doctor at S.G.P.G.I., Lucknow at the time when the alleged occurrence took place. The statement of the victim Renu was also recorded under Section 164 Cr.P.C. before the magistrate, wherein she stated that she was often beaten by the accused-applicant for various petty reasons, from time to time and on the fateful day she was very badly beaten which resulted causing injuries to her eyes and her face had become black and blue. In her statement she has categorically mentioned that the accused-applicant tried to murder her.
Learned counsel for the applicant submits that the injuries of the injured do not indicate that the accused-applicant had any intention to murder, the injured Renu. Learned counsel for the applicant has supplied the latest opinion of the medical officer Dr. Renu Verma (Mahila Chikitsa Adhikari, Mahila Kalyan Vibhag, Lucknow), who examined and treated Renu. The report indicates, "Inmate Renu was first seen and examined by me on 29.10.2009 and the treatment was given for approx 10 days was maintained in a health file whose photo copy is attached with. At present has no complaints and has no problem in eye-site as well and therefore, no treatment is going on". This certificate is dated 8.1.2010. The contention of learned counsel for the applicant is that, as alleged, no case under Section 307 I.P.C. is made out.
In the present case there is no scope for the accused-applicant to get away with the allegations levelled against her by innocent orphan child, at this stage. Admittedly, Renu was working at the house of the accused applicant as bonded labour.
The story of Renu, the injured victim, is so pathetic that it makes one shiver. If one would visualize, that moment when, as alleged, the poor victim was being thrashed mercilessly by the present applicant, he/she could very well imagine and feel the plight of an orphan child. Such daring act of an accused applicant would certainly make one, to pray to God, to give, if not much, then little sense to that lady, to think and feel that she is also a mother of an innocent child and if her own child is treated likewise, how would she feel.
In the present case no fruitful purpose would be solved by keeping Dr. Aruna Bharti in jail but I hope that in future, Dr. Aruna Bharti would try behave like a pious and generous lady and make feel every child around her that she also has a heart of a loving mother.
Considering the facts and circumstances of the case and without expressing my views on the merits of the case, I hereby provide that the applicant, Dr. Aruna Bharti, be released on bail in Case Crime No.615/2009, under Sections 323, 504, 343, 307 I.P.C., Sections 4, 16, 17, 18 of Bonded Labour System (Abolition) Act, 1976 and Sections 3/14 of Child Labour (Prohibition and Regulation) Act, 1986, P.S. Mohanlalganj, District Lucknow, on her filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 11.1.2010 Kpy