The court emphasized that lack of criminal antecedents and the return of the victims substantiate the case for granting bail despite serious charges under IPC and ITP Act.

Order :

1.The instant appeal has been filed under Section 21 (4) of the National Investigation Agency Act, 2008 against the order dated 10.09.2024 passed by learned Additional Sessions Judge-I, West Singhbhum, Chaibasa in B.P. No.187 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with Ahtu P.S. Case No.05 of 2020, registered for the offences under Sections 363 /365/370-A of the INDIAN PENAL CODE and Section 5 of the I.T.P. Act, has been rejected.

2. It has been contended on behalf of the appellant that it is a case where none of the ingredients of the penal offences i.e. Sections 363 /365/370-A of the INDIAN PENAL CODE and Section 5 of the I.T.P. Act is attracted.

3. It has been submitted that as per the allegation, the victim girls have been carried for the purpose of providing employment but subsequent thereto both of them have returned back to their native place. The ground of custody has also been taken, since, the appellant is languishing in judicial custody since 12.08.2024. The appellant is having no criminal antecedent. Charge-sheet has already been submitted.

3. Learned counsel, based upon the aforesaid ground, has submitted that it is, therefore, fit case to interfere with the impugned order.

4. While on the other hand, Mr. Prabir Kumar Chatterjee, learned Special Public Prosecutor, appearing for the State, has vehemently opposed the prayer to interfere with the impugned order.

5. We have heard learned counsel for the parties and gone through the finding recorded by the learned Court below in the impugned order as also the case diary.

6. This Court has found from paragraph-212 about the girls have been returned back to their native place. The appellant is languishing in judicial custody since 12.08.2024. The charge-sheet has already been submitted. The appellant is having no criminal antecedent.

7. Considering the aforesaid facts, this Court is, therefore, of the view that the order dated 10.09.2024 passed by learned Additional Sessions Judge-I, West Singhbhum, Chaibasa in B.P. No.187 of 2024, is hereby quashed and set aside.

8. In consequence thereof, the instant appeal stands allowed.

9. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, West Singhbhum, Chaibasa in connection with Ahtu P.S. Case No.05 of 2020, subject to the conditions that the appellant shall co-operate in the trial and shall not absent herself on the date fixed without any cogent cause. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

10. The instant criminal appeal stands disposed of.