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Judgment
19 paragraphs · 346 words The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with
F.I.R. No.114/2020, Police Station Dhamotar, District Pratapgarh, registered for the offences punishable under Sections 376(2)(12), (14) 376(D) of
the IPC.
Heard learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available
on record.
Learned counsel for the petitioners stated that statement of prosecutrix was recorded before the learned Trial Court; the prosecutrix refused the
allegation of rape and also stated that she did not know the petitioners. With these submissions, learned counsel for the petitioners prayed that benefit
of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor opposed the bail application and stated that due to compromise took place between the parties, prosecutrix did
not support the story of prosecution.
Looking to the facts and circumstances of this case, it is admitted position that statement of prosecutrix were recorded as PW-1; the prosecutrix
stated that Narayan is not known to her and no rape was committed by Narayan, Bapuda and Uda. She further stated that she does not know the
accused persons and refused the occurrence of the offence. Further trial of the case will take sufficiently long time, therefore, without expressing any
opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the present bail application is allowed. It is ordered that the accused-petitioners- (1) Narayan S/o Lalu (2) Bapuda S/o Partha arrested
in connection with F.I.R. No.114/2020, Police Station Dhamotar, District Pratapgarh, shall be released on bail, if not wanted in any other case,
provided each one of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five
Thousand) each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever
called upon to do so till the completion of the trial.