NARAD KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned counsel appearing for the State on the matter of bail of the appellant -namely, Narad Kumar Yadav alias Narad Yadav. Learned counsel appearing for the appellant submits that the appellant, along with other, have been convicted for the offence punishable under Sec. 376(2(g)) of the Indian Penal Code for committing gang rape upon the victim.

(2.) Learned counsel appearing for the appellant submits that it is the case of the prosecution that when the victim was there at brick -kiln along with the informant, eight to twelve persons came and one of them took -the informant to the Office of brick -kiln where he committed rape upon her and when she returned back to the place, it was told by the victim that she had also been raped, in the meantime, by the appellant -Narad Kr. Yadav.

(3.) In this regard, it was further submitted that though the appellant has been named in the first information report, but name seems to have been given in the first information report at the instance of brick -kiln owner, which would be evident from the circumstances that P.W. 2 victim has deposed in her cross -examination that she was not knowing this appellant from before and that when the miscreants, 8 to 12 in numbers, entered into the room, they all had hide their faces and under such circumstances, it does not appear to be probable that one would able to identify the person when he was not known from before and that the doctor has not found any sign of rape, though the medical examination was done on the following day of the occurrence and under the circumstances, false implication of the appellant at the instance of the brick -kiln owner, cannot be ruled out. Regard being had to the facts and circumstances of the case, during pendency of the appeal, the appellant, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/ - (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Palamau at Daltonganj, in connection with Sessions Trial No. 601 of 2012.