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Judgment
Jaya Roy, J.—The instant interlocutory application has been filed by the Appellant No. 2 namely Raju Lohar.
Heard the counsel appearing for the Appellant No. 2 and the counsel appearing for the State.
The counsel appearing for the Appellant No. 2 submits that another co-convict namely Tala Murmu and Unus Soren have been granted bail in Cr. Appeal (S.J.) No. 955 of 2008 vide order dated 11.12.2009 and in Cr. Appeal (S.J.) No. 1281 of 2008 vide order dated 2nd December 2010 respectively. It is further submitted that the material has come against the Appellant No. 2 that he has committed rape upon the prosecutrix -P.W.2. But it is contended that in the F.I.R, there is no allegation against the Appellant No. 2 that he has committed rape upon any of the victim girls. Furthermore, Doctor who has examined P.W.2 the victim girl, has not found any injury either in the internal part or in the external part of her body.
The counsel appearing for the Appellant No. 2 further submits that the Appellant is in custody from 9th June, 2006 (i.e. more than four and half years).
The counsel for the State opposed but not disputed the contentions made by the counsel for the Appellant No. 2.
Considering the submissions made by both the parties and also considering the materials on record as well as considering the period of custody of the Appellant No. 2, the Appellant No. 2 namely Raju Lohar is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs. 10,000/-(Rs. ten thousand) with two sureties of the like amount each, to the satisfaction of 5th Additional Sessions Judge, Fast Track Court, Dumka in connection with Sessions Case No. 52 of 2007 arising out of Sikaripada P.S Case No. 88 of 2006 corresponding to G.R Case No. 1112 of 2006 subject to the condition that one of the bailers will be his close relative having immovable property within the jurisdiction of the trial court.
The aforesaid I.A stands disposed of.