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Judgment
Regular bail was rejected by the learned Sessions Judge mainly on the ground that this Court in another case, no bail was granted, though the offence
is comparatively lesser in gravity and nature. The factual scenario involved in the case and factors governing grant of regular bail was not properly
considered by the sessions court. The allegation is that the accused pressed on the private part of a victim girl aged 14 years belonged to scheduled
caste with his hand. Earlier he had applied for anticipatory bail, which was dismissed by the sessions court, against which Criminal Appeal
No.503/2020 was filed before this court. This court directed the accused to surrender before the investigating officer. In compliance with the said
direction, he surrendered before the investigating officer and moved for regular bail. The same was dismissed by the sessions court, against which this
appeal is preferred. Now the investigation is completed and the final report is filed on 02.12.2020.
The petitioner was arrested and is under judicial custody for the last 42 days. Since the investigation is completed and the final report is submitted,
further detention of the accused in judicial custody is not warranted. Hence the bail is granted, but subject to the following conditions :
1) The petitioner shall execute a bond for Rs.50,000/- ( Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction
of the Sessions Judge.
2) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such fact to the court or any police officer or tamper with the evidence.
3) He shall not leave the jurisdiction of the Sessions Court, without prior permission.
4) He shall appear before the investigating officer and the court as and when required.
5) He shall not enter into the village wherein the victim is now residing for a period of three months.
Violation of any of the conditions would result in cancellation of bail and the investigating officer will be at liberty to approach the Sessions Court for
that purpose.
Crl.Appeal is allowed accordingly.