- (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Bhelwaghati P.S. Case No. 22 of 2012 (G.R. No. 2449 of 2012) for the alleged offence punishable under Section 376 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, Giridih. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application.
(2.) LEARNED counsel for the petitioner submitted that the present petitioner has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to certain enmity between the petitioner and the informant. It is further submitted that the present FIR was lodged after two months from the date of incident. By referring Annexure -2 to this application, it has also been submitted that the petitioner was present at the place of service on the alleged date of occurrence. It has further been submitted that a village Panchayati was convened and in the said proceeding, a request was made by the villagers not to harass the present petitioner, as he is innocent. It has also been submitted that the petitioner is a government servant and he is ready to abide the terms and conditions that may be imposed upon him. The learned A.P.P. while opposing the prayer for bail of the petitioner, submitted that there are sufficient materials against the petitioner and therefore, looking to the seriousness of the crime, the petitioner may not be enlarged on bail.
(3.) CONSIDERING the rival submissions of the parties, it appears that the alleged date of occurrence is 12.8.2012 whereas, the present FIR was lodged on 9.10.12 i.e. almost after two months. Moreover, the present petitioner appears to be a Government Servant, therefore his presence can be secured at the time of trial by imposing appropriate conditions. It further appears that there are no criminal antecedents against the petitioner. It further appears that investigation is over and chargesheet has been submitted against the petitioner and, therefore, there is no possibility of tampering with the evidence.;