TMI Blog2016 (11) TMI 1729X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased persons committed self immolation which was with the knowledge of persuasion of the accused for which prima facie case under section 304 Part-II of the Indian Penal Code is made out . When the Investigating Officer has come to conclusion about a case of self-immolation of the deceased persons as per the statements of the eye witnesses, prima facie case is yet to be made out against the present petitioner. Whether self-immolation is within the knowledge of the present petitioner or not can be decided at the time of trial. It is too early to opine on the merit of the case, but as per discussions made above and the opinion of the Investigating Officer, it is the considered opinion of this Court that prima facie case against the petitioner for the purpose of granting bail is yet to be formulated. Regard being had to the facts and circumstances of the case as discussed, including the nature of allegation and punishment prescribed for the alleged offence, let the petitioner be released on bail on furnishing bail bond of Rs. 1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter subject to condition imposed - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been registered against the deceased persons Sk. Sabir and Sk. Saddique for the offences under sections 307/294/309/506/353 I.P.C. and the present case was registered vide P.S. Case No. 430 of 2012 under sections 458/323/341/307/326/380/34 I.P.C. The Investigating Officer during investigation found that there was strain relationship between the present petitioner who is posted as Inspector-in-Charge of Town Police station and the deceased persons because of an alleged support by the present petitioner to one Mini India Company, where deceased Sk. Sabir had invested money, but the Managing Director of the Company namely Sk. Sahid Mojahid Alli did not return the money of Sk. Sabir. On the other hand, the present petitioner filed false cases at the instance of said Managing Director against deceased Sk. Sahid. During investigation it is further found that on 24.11.2012 at 9.30 A.M. there was a quarrel between one Rahim Khan and deceased Sk. Sabir and his brother Sk. Sahir, but the petitioner in the capacity of the Inspector-in-Charge of Town Police Station, being inimical towards the deceased and his brother arrested Sk. Sahir and during custody assaulted him and forwarded him to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer, he should not be detained in custody and the fact that charge sheet has already been submitted in this case, lenient view may be taken to release the petitioner on bail on any condition as deemed just and proper. 6. Learned Additional Standing Counsel for the Crime Branch vehemently opposed the prayer for bail. He stated that the present petitioner being in the capacity of a police Officer misused the power and he has no business to go at 3.30 A.M. in the night to execute the warrant in a case under sections 294/452/354/375/307/506/34 I.P.C. arising out of Balasore P.S. Case No. 427 of 2012. According to him, since the offences are very minor and no documentary evidence was there to show that the deceased persons were absconders or they have evaded the arrest in earlier occasions, the petitioner has no occasion to visit the house of the deceased persons to execute the warrant of arrest, but he had only gone due to personal enmity to settle the score. 7. He further submitted that while the petitioner was working at Titilagarh Police Station in 2015, has also been indulged in similar case. He submitted that there being prima facie case made out against the present peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the court in the matter of grant of bail. (c) While it is not expected to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in support of the charge. (d) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail, and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail. 11. In Chaman Lal V. State of U.P.; (2004) 7 SCC 525, the Court has laid down certain factors, namely, the nature of accusation, severity of punishment in case of conviction and the character of supporting evidence, reasonable apprehension of tampering with the witness or apprehension of threat to the complainant, and prima facie satisfaction of the Court in support of the charge which are to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s accused persons but had accompanied the petitioner in the raiding party, while examined under section 161 Cr.P.C. stated that when the petitioner and other police Officers asked Sk. Sabir to submit to custody for execution of warrant, Sk. Sabir who is the brother of Sk. Saddique refused to go with the police people and Sk. Sabir abused the police people in filthy language and threatened to take action against the police. It is revealed from their statements that without opening the gate Sk. Sabir poured kerosene on his person and on the person of his brother Sk. Saddique and set them on fire. Then the petitioner asked other police people to immediately intervene to save the deceased persons, for which they broke open the grill gate and took both the brothers in their jeep to the hospital, where they found to have 95% burn injuries and on the next day they succumbed to the injuries. 15. From the aforesaid material, it is revealed that statements of the inmates of the family accused the petitioner to have caused death of the deceased persons, whereas the outsiders eye witnesses including one of the accused in other case who was inside the jeep and accompanied police officials ..... X X X X Extracts X X X X X X X X Extracts X X X X
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