RAJU KUMAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(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.

(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: