ASHWANI KUMAR SINGH,J. - (1.) 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.
(2.) 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.
(3.) 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.;