Rajesh Kumar Singh @ Rajesh Kumar vs State Of Jharkhand

Heard 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 Rajpur P.S. Case No. 75 of 2020 registered under sections 376(D) of the Indian Penal

Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused person committed gang

rape upon the 83 years old mother-in-law of the informant, who is not even able to walk properly. It is submitted that the allegation against the

petitioner is false. It is next submitted that the medical examination of the victim shows that no external injury was found over the body or the private

parts of the alleged victim and nor any spermatozoa was found and on the basis of these findings, the medical report suggested that there was no sign

of recent sexual assault. It is further submitted that in the rejection order of the bail application; it has been mentioned that in her statement recorded

under section 164 Cr.P.C., the victim has only stated that the co-accused closed her mouth. 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 for a considerable period of time and co-accused with

similar allegations has already been released on bail by this court vide order dated 20.01.2021 passed in BA no. 11384 of 2020, hence it is submitted

that the petitioner be released on bail.

Learned Addl. P.P. and learned counsel for the informant oppose 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 A.C.J.M., Chatra in connection with Rajpur P.S. Case No. 75

of 2020 with the condition that he will cooperate with the trial of the case.