High Court

recorded by the trial Court as PW-1, PW-2 & PW-3.

9. In the statement of the informant, she stated that the incident took place inside her house. In the statement of the victim recorded by the trial Court, she stated that the incident took place inside the house, in the kitchen.

10. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the victim is minor girl aged 12 years, the allegations levelled against the applicant are serious in nature, those are supported by the findings of the medico-legal examination report and the statement of the victim and the informant recorded by the Investigating Officer, the Magistrate as well as by the trial Court. He has submitted that keeping in view the entire facts and circumstances of the case, the applicant is not entitled to be released on bail.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 10.03.2024 and the F.I.R. does not allege commission of rape by the applicant; in the statement of the informant recorded under Section 161 Cr.P.C. also, she merely reiterated the F.I.R. version and she did not allege commission of rape by the applicant; in the statement of the victim recorded under Section 161 Cr.P.C. also she did not allege commission of rape; in the statement of victim recorded under Section 164 Cr.P.C., she alleged for the first time that the applicant had raped her and she stated the place of occurrence to be outside her house; in the statement of the victim recorded by the trial court, she alleged commission of rape inside her house, inside the kitchen; the incident took place on 10.03.2024 whereas the medico-legal examination of the victim was conducted on 28.03.2024 i.e. after 18 days since the incident and there is no explanation for this delay; that the applicant has no criminal history, he is languishing in jail since 31.03.2024 and the statements of the victim and the informant already having being recorded by the trial Court, in case of the applicant's release on bail, there will be no possibility of the witnesses being influenced by the applicant, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

12. Accordingly, this bail application stands allowed.

13. Let the applicant- Sandeep @ Muttan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . Order Date :- 15.4.2025 -Amit K- [Subhash Vidyarthi, J.]

recorded by the trial Court as PW-1, PW-2 & PW-3.

9. In the statement of the informant, she stated that the incident took place inside her house. In the statement of the victim recorded by the trial Court, she stated that the incident took place inside the house, in the kitchen.

10. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the victim is minor girl aged 12 years, the allegations levelled against the applicant are serious in nature, those are supported by the findings of the medico-legal examination report and the statement of the victim and the informant recorded by the Investigating Officer, the Magistrate as well as by the trial Court. He has submitted that keeping in view the entire facts and circumstances of the case, the applicant is not entitled to be released on bail.

11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 10.03.2024 and the F.I.R. does not allege commission of rape by the applicant; in the statement of the informant recorded under Section 161 Cr.P.C. also, she merely reiterated the F.I.R. version and she did not allege commission of rape by the applicant; in the statement of the victim recorded under Section 161 Cr.P.C. also she did not allege commission of rape; in the statement of victim recorded under Section 164 Cr.P.C., she alleged for the first time that the applicant had raped her and she stated the place of occurrence to be outside her house; in the statement of the victim recorded by the trial court, she alleged commission of rape inside her house, inside the kitchen; the incident took place on 10.03.2024 whereas the medico-legal examination of the victim was conducted on 28.03.2024 i.e. after 18 days since the incident and there is no explanation for this delay; that the applicant has no criminal history, he is languishing in jail since 31.03.2024 and the statements of the victim and the informant already having being recorded by the trial Court, in case of the applicant's release on bail, there will be no possibility of the witnesses being influenced by the applicant, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

12. Accordingly, this bail application stands allowed.

13. Let the applicant- Sandeep @ Muttan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . Order Date :- 15.4.2025 -Amit K- [Subhash Vidyarthi, J.]