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Judgment
17 paragraphs · 335 wordsHeard the parties through Video Conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the
lockdown is over.
In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the
present.
The petitioner has been made accused in connection with Tandwa P.S. case no. 97 of 2020 registered under sections 376, 504, 506, 34 of the Indian
Penal Code and section 3/4 of the D.P.Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim on
the promise of marriage. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further
submitted by learned counsel for the petitioner that admittedly, the victim is an adult lady and it is apparently a case of consensual sexual relationship
between the petitioner and the victim. It is further submitted by learned counsel for the petitioner there is delay in lodging the complaint in the court
which upon being forwarded to police under section 156 (3) Cr.P.C, this FIR has been registered. It is further submitted by learned counsel for the
petitioner that the petitioner has been in jail custody since 08.08.2020 as mentioned in paragraph 7 of the bail application and the petitioner is ready and
willing to co-operate with the trial of the case hence, the petitioner may be released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, 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 CJM,
Chatra in connection with Tandwa P.S. case no. 97 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case.