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Judgment
18 paragraphs · 392 wordsHeard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the
stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Bokaro Sector 12 P.S. Case No.39 of 2020 (G.R. No. 609 of 2020), S.T. No.
167 of 2020 registered under sections 354A/376 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim. It is further
submitted that the allegations against the petitioner are all false. It is then submitted by the learned counsel for the petitioner drawing attention of this
Court to annexure-4 series which is the joint photographs of the petitioner and the victim that apparently it is a case of consensual sexual relationship
and this case has falsely been foisted to harass the petitioner. It is further submitted by the learned counsel for the petitioner that the victim in her
statement recorded under section 164 Cr. P.C. has categorically stated that she was having friendship with the petitioner for one year before her
statement under section 164 Cr. P.C. was recorded. It is next submitted that the petitioner has been in custody since 30.05.2020 as has been
mentioned in paragraph no. 12 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence,
it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to
enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge -II, FTC, Bokaro,
in connection with Bokaro Sector 12 P.S. Case No.39 of 2020 (G.R. No. 609 of 2020), S.T. No. 167 of 2020 with the condition that he will cooperate
with the trial of the case.