MUKESH MADHAV TANDEL Vs. UNION TERRITORY OF DAMAN

JUDGEMENT

(1.) RULE .

(2.) ACCORDING to the prosecution, the applicant forcefully kidnapped the minor girl Hiruben from Moti Daman and took her to Vapi and thereafter the applicant took her away to various places and committed forcible sexual intercourse. On 18-4-1999 the mother of the applicant informed the mother of victim girl Hiru that the applicant and Hiru had absconded and the matter was reported to Out Post, Moti Daman and also at Nani Daman. From 17-4-1999 to 12-5-1999 the applicant and minor Hiru were away from their parents and on 12-5-1999 the applicant came back with the prosecutrix Hiru at his residence and the applicant's parents have handed over the girl as well as the boy to the police. It is thereafter the father of the prosecutrix Hiru has filed complaint before the police.

(3.) WITHOUT expressing anything on the prosecution case, in view of the material gathered during investigation and in respect of the alleged offence and considering the fact that the applicant is a young boy of 19 years, this court is inclined to release the applicant accused on bail by imposing certain conditions. The applicant is accordingly ordered to be released on bail for a sum of Rs.10,000/- with one surety of like amount on condition that the applicant is not to enter the village Moti Daman and not to influence over the prosecution witnesses. The applicant is also further directed to report at Daman Police Station once a week i.e. on every Saturday between 11 a.m. to 5.00 p.m. Rule is made absolute in the above terms.