AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
The petitioner has been made accused in connection with Manika P.S. Case No.25 of 2020 (S.T. No.69 of 2020) registered under Sections 376, 328,
314 of Indian Penal Code and Section 4 of POCSO Act and later on charge-sheet has been submitted under Section 376 (2) (n), 328, 314 of the
Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the deceased and
impregnated her and subsequently administered her poison leading to her death. It is submitted that the allegation against the petitioner is false. It is
next submitted that there is no eye-witness to the occurrence and the petitioner has been implicated in this case only on the basis of suspicion. It is
then submitted that during the course of investigation it was found that the victim was a major lady of 20 years of age hence, at best consensual sexual
relationship between the parties can be made out and in the absence of any Viscera report or DNA profile report, the cause of death of the deceased
could not be ascertained. It is further submitted that the police has not recorded the statement of the doctor in whose presence allegedly the deceased
gave her statement before the informant who is the mother of the deceased alleging that the petitioner administered some medicine to her for
miscarriage of her foetus. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that
the petitioner has been in custody since 28.04.2020 which is evident from para-14 of the instant bail application. Hence it is submitted that the
petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Sessions Judge-I-cum-Special Judge, Latehar in connection with Manika P.S. Case No.25 of 2020 (S.T. No.69 of 2020) with the condition that he will
co-operate with the trial of the case.