JAG RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition for bail was submitted by the petitioners who are facing charge under sections 364 and 376 IPC. The incident took place on 17.3.1995. The FIR in this case was registered on 24.3.1995. The papers before me indicate that on 25.8.1995 statement of the prosecutrix under Section 164 Cr.P.C. came to be recorded. In that statement she has stated that these petitioners used to visit her house during the last five months prior to the incident and used to have sexual intercourse with her. The prosecutrix is aged about 24 years.

(2.) THIS court by order dated 27.11.1955 had directed the learned AAG Haryana to place before the Court a true copy of the statement of the prosecutrix recorded under Section 164 Cr.P.C. That order was repeated on 15.12.1995. Despite that the AAG Haryana today sought time for placing the said statement before the Court. I am unable to appreciate the lethargy on the part of the concerned officers in not producing the said statement before the Court. All the same, under the circumstances, I am constrained to proceed with the material as could be spelt out from the averments made in the petition. On considering these averments, and particularly in para 4 of the petition, I am of the view that the petitioners in this case are entitled to bail. The learned Additional Sessions Judge, Faridabad, however, has rejected bail on the reasoning that the offence alleged was serious. Mere seriousness of the offence is not the sole criteria to consider the bail application though the gravity of the offence does weigh. The attending circumstances nevertheless should be taken into consideration. I, therefore, allow this petition and grant bail to the petitioners on each of them executing bail bond and surety bond to the satisfaction of the Chief Judicial Magistrate, Faridabad and on further condition that during the investigation and during the trial of the case these petitioners shall not in any manner contact the prosecutrix, or in any manner interfere with the progress of the case or tamper with the witnesses. Petition allowed.