Murshid Ansari vs The State of Jharkhand

Pradeep Kumar, J.—Heard learned Counsel for the Petitioner and learned Counsel for the State.

This is an application for grant of regular bail to the Petitioner for the offence under Sections 376/34 of the Indian Penal Code.

It is submitted by learned Counsel for the Petitioner that the allegation against the Petitioner is that he committed rape upon the victim girl along with another coaccused Rafique Ansari on 18.05.2010 at 10 O'' Clock in the night. It is further submitted by learned Counsel for the Petitioner that the F.I.R. was lodged after six days of the alleged occurrence on 24.05.2010 and after investigation police has submitted final form against the coaccused Rafique Ansari and he was not sent for trial. It is further submitted that it will appear from Para 45 of the case diary and from the statement of fatherinlaw of the victim girl that the Petitioner has some love affair with the victim girl. Moreover, as per the medical report the victim girl is aged about 45 to 50 years and as such he may be enlarged on bail.

Learned Counsel for the State has opposed the prayer for bail and has submitted that the victim girl has supported the prosecution case in her statement at Para 5.

In the facts and circumstance of the case as the Petitioner is in custody since 28.05.2010 and half of the case has been found not true, the Petitioner, above named, is directed to be released on bail, on furnishing bail bond of Rs. 15,000/ (Fifteen thousand) with two sureties of like amount each to the satisfaction of Additional Judicial Commissioner, F.T.C. No. VIII, Ranchi in connection with S.T. No. 423 of 2010 arising out of Mandar P.S. Case No. 35 of 2010 corresponding to G.R. No. 2136 of 2010 subject to the conditions that the bailors must be local residents having property within the jurisdiction of the Court concerned and the Petitioner will appear before the trial court once in every month on the date fixed for trial otherwise his bail bond will be cancelled.