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Judgment
9 paragraphs · 356 wordsGautam Kumar Choudhary, J
Heard both the sides.
Earlier bail application of the petitioner was rejected on merits vide order dated 11.03.2025 passed in B.A. No.10695 of 2024 and the same is being renewed on the ground that the petitioner is languishing in custody since 21.10.2024 and during trial victim has already been examined.
This bail application has been filed on behalf of Rahat Ansari who is in custody since 21.10.2024 in connection with Bero P.S. Case No. 106 of 2024, corresponding to Sessions Trial No. 148 of 2025 for the offence registered under Section 87 of the BNS and further charge has been framed on 24.03.2025 under Sections 87 and 69 of BNS pending in the Court of learned Addl. Judicial Commissioner-XV, Ranchi is pressed into motion.
It is submitted by the learned senior counsel on behalf of petitioner that petitioner is aged about 24 years and victim girl is aged 22 years. FIR in this case was lodged on 16.10.2024 with allegation that she was kidnapped on 11.10.2024 and in her statement given to Magistrate under Section 183 of the BNSS, 2023 that she went along with the petitioner to Delhi by train.
It is argued that it is inconceivable that she travelled all along from Ranchi to Delhi by train and further, from Delhi she went along with the petitioner to Gurugram and thereafter to Bilaspur, but she had no opportunity to protest or seek help from anyone during her journey in public transport. Victim is a major aged about 22 years and the manner in which she travelled to different places is suggestive of the fact that it was all along a consensual affair.
Learned A.P.P. for the State vehemently opposed the prayer for bail.
It does not stand to reason that victim who travelled from Ranchi to Delhi then to Gurugram and other places, was all along a non-consenting party and had no opportunity to resist.
Under the circumstances, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.