1 BA 1555 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1555 OF 2011 Vikram Raghuvir Jasra .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Shashank Manohar i/b Mr. Nitin Sejpal and Ms. Pooja Bhojane, for the applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 3rd October, 2011 P.C. 1. This is an application for bail by a person who has been chargesheeted for rape and murder of a 14 year old girl, who was working in his house as servant. On the incidental morning the applicant was alone at his house. His wife has gone out of station. The victim is alleged to have come the the applicant's house at about 8.30 a.m. After one Anita Shinde, who had already came to wash clothes, had left the house, the victim continued to be in the house. The applicant is alleged to have noticed the victim lying in the open space in front of flat No.701 on the same floor on which applicant's flat 2 BA 1555 OF 2011 No.704 is situated. The applicant is alleged to have informed the others in the society. The victim was taken to Lok Hospital, situated in the same area where one Dr. Feny Samual declared her dead. This was around 10.00 to 10.30 a.m. The victim's mother gave report to the police on which offence was registered and investigation commenced. 2. In the course of investigation, police performed panchnama of spot which shows among the other things that there was towel, red T-shirt and a bed sheet soaked in the the bath-room. The victim's body was sent for postmortem examination after performing inquest. The postmortem examination revealed that death was due to Asphyxia due to hanging. No other injuries were found on the body. Gynecological examination revealed that the victim had a torn hymen with old tear and was, therefore, habituated to sexual intercourse. Vaginal swab had been collected. Articles which had been seized at the spot were sent to the Forensic Science Laboratory for regular analysis as well as D. N. A finger printing and the report of D.N.A. finger printing shows among the other things non interpretable male DNA profile from exhibits 2, 3 and 6 i.e. vaginal swab and vaginal smear of the deceased. On completion of investigation police have filed chargesheet against the applicant. 3 BA 1555 OF 2011 3. Learned counsel for the applicant submits first that except the fact that the victim was at the applicant's house on the incidental morning before her body was found by the applicant himself in the stair case, there is absolutely nothing to connect the applicant. He submits that there is no evidence of any forcible sexual intercourse. There were injuries on the person of victim to show that the applicant could have hanged or strangulated and dragged the body out of his flat and kept it in front of his flat. Therefore, he submits that the applicant's being in custody pending trial may not necessary and that the applicant would keep himself outside district of Thane till the trial is over. 4. The learned APP on the other hand submitted first that the claim of Anita Shinde, having washed the clothes before she left the house would have to be seen in the context of observations in panchnama of spot. Some clothes were soaking in the bath-room of applicant's flat, which would show that after clothes were washed by Anita Shinde, victim was required to put some clothes for soaking. She submits that a piece of white cloth, which was possibly a piece of victim's Odhani, was found on a branch of mango tree which could be seen from the window in the applicant's flat. She also pointed out that iron mesh to one of the windows in the flat was broken from which one could stretch one's hands out and from 4 BA 1555 OF 2011 that spot it could be seen that a piece of string was lying above window of 6th floor flat. She also submits that though no DNA profile matching that of the applicant could be found, existence of non interpretable D.N.A. profile of male at Exhibit Nos 2, 3, and 6 would be indicative applicant's complicity in rape and murder. She also submits that since the applicant was the person last seen in the company of the victim, this is very strong circumstance indicating applicant's complicity. 5. I have carefully considered rival contentions. Right now from the evidence collected it cannot be said that the victim was subjected to rape and then murdered. There were no injuries on the person of victim. When her body was found, her clothes were also on her person. Learned counsel for the applicant may not be entirely wrong in submitting that it would be difficult for a person of the age of the applicant to hang or strangulate a 14 year old girl without any resistance and therefore, these are matters which would have to be looked into by the learned Judge of trial Court at the trial. Considering the nature of evidence collected, which is ambivalent, and since the chargesheet has been filed, applicant's being in custody pending trial may not be necessary. The applicant arrested in connection with C.R. No.I-246 of 2011, registered with the Vartak Nagar Police 5 BA 1555 OF 2011 Station, District: Thane, be, therefore, released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or more solvent sureties in the sum aggregating to Rs.1,00,000/- on the condition that the applicant shall keep himself outside Thane District, except for attending the trial, till the trial is over. (R. C. CHAVAN, J.)