- (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Dhanbad (Bankmore) P.S. Case No. 367 of 2013 (G.R. No. 1483 of 2013) for the alleged offence punishable under Sections 366(A), 376, 34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.
(2.) HEARD the learned counsel for the petitioner as well as learned counsel for the informant and APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner submitted that the present petitioner, who is in jail custody since 23.4.2013, has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is further submitted that the girl is aged about 18 years and, therefore, there is no question of attracting Section 366A of the IPC in the present case. It is also submitted that there was a friendship between the petitioner and the girl. The learned counsel for the informant submitted that he has filed a counter affidavit and by referring paragraphs 7 and 8 of the said counter affidavit, he further submitted that considering the contents of the said paragraphs, the petitioner may not be enlarged on bail. The learned A.P.P. while opposing the prayer for bail of the petitioner, submitted that there are sufficient materials against the petitioner in the present case and and therefore, looking to the seriousness of the crime, the petitioner may not be enlarged on bail. It appears that investigation is over and chargesheet has been submitted and, therefore, there is no possibility of tampering with the evidence. It further appears that there are no criminal antecedents against the petitioner. Therefore looking to the nature of allegation and accusation of the petitioner in the alleged crime, petitioner deserves to be enlarged on bail. Moreover, the petitioner appears to be permanent resident of the District Dhanbad and having responsibility towards his family, therefore, his presence can be secured at the time of trial by imposing appropriate conditions.
(3.) HAVING regard to the facts and circumstances of the present case, the petitioner, Kishore Mandal is directed to be enlarged on bail, on furnishing bail bond of Rs.10,000/ - (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad (Bankmore) P.S. Case No. 367 of 2013 (G.R. No. 1483 of 2013) subject to the following conditions: 1. that applicant shall attend in accordance with the conditions of the bond executed under this chapter, 2. that the applicant shall make himself available for interrogation by a police officer as and when required, 3. that applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence, 4. that applicant shall not leave India without the previous permission of the Court, and 5. that the applicant shall mark his presence before the concerned police station in any day of the first week of every month till the commencement of trial. ;