Neel Kamal Pradhan vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the 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 Chakradharpur Mahila P.S. Case No.04 of 2020 registered under Sections 376 of the Indian

Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant-victim.

It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards the statement of the victim recorded under

Section 164 Cr.P.C., learned counsel for the petitioner submits that therein the victim has stated before the Magistrate who recorded her statement

that she is a major lady and her age is 26 years and she further stated that she was in love with the petitioner and on several occasions they had

physical relationship. It is then submitted that the petitioner undertakes to co- operate with the trial of the case. It is lastly submitted that the petitioner

has been in custody since 21.10.2020 which is evident from para-01 of the instant bail application. Hence it is submitted that the petitioner be released

on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Judicial Magistrate, 1st Class, Porahat at Chaibasa in connection

with Chakradharpur Mahila P.S. Case No.04 of 2020 with the condition that he will co- operate with the trial of the case.