P.P. Bhatt, J. - (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Ichak P.S. Case No. 65 of 2013 (G.R. No. 1189 of 2013) for the alleged offence punishable under Sections 363 and 366 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Hazaribagh. 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, who is in jail custody since 4.4.2013, has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is further submitted that the victim girl is a major and in her statement, recorded under Section 164 Cr.P.C, she has stated that she was having affair with the petitioner and willingly, they have also solemnized the marriage and she wants to stay with the present petitioner. The learned A.P.P. while opposing the prayer for bail of the petitioner, submitted that the present petitioner kidnapped the victim girl and therefore, looking to the seriousness of the crime, the petitioner may not be enlarged on bail.
(3.) IT appears that investigation is substantially over and, therefore, there is no possibility of tampering with the evidence. Having regard to the facts and circumstances of the present case, the petitioner, Raju Kumar Mehta 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 C.J.M., Hazaribagh in connection with Ichak P.S. Case No. 65 of 2013 (G.R. No. 1189 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;