The court emphasized the right to a fair trial under Article 21, allowing bail due to prolonged custody and limited witness examination.

ORDER :

The instant appeal filed under Section 21(4) of the National Investigation Agency Act , 2008, is directed against the order dated 28.05.2024 passed in Misc. Cri. Application No. 214 of 2024 by the learned Additional Sessions Judge-I, Simdega, whereby and where under prayer for regular bail of the appellant has been rejected for the offence registered under Section under Section 363, 370(5) of the I.P.C and Sections 75 /81 of the Juvenile Justice Act in connection with S.T. Case No. 12 of 2024 arising out of Simdega A.H.T.U. P.S. Case No. 02 of 2023.

2. Learned counsel for the appellant has submitted that there are no ingredients so as to attract the offence said to have been committed by the appellant under Section 363, 370(5) of the I.P.C. and other allied sections under Section 75 /81 of the Juvenile Justice Act .

3. Such submission has been made on the ground that there is no intent of exploitation rather the girls (victim) on their own had accompanied the present appellant for the purpose of earning their livelihood.

4. The contention has been made that appellant is languishing in judicial custody since 31.08.2023.

5. It has been further contended on behalf of the appellant that although the trial has commenced but out of 14 prosecution witnesses, only 5 prosecution witnesses have been examined.

6. Learned counsel for the appellant has further submitted that although in the statements of the victims recorded under Section 164 Cr.P.C. the involvement of the present appellant has been shown but one of the victim during her examination in the trial has not supported the statement so recorded under Section 164 Cr.P.C.

7. Learned counsel for the appellant has submitted that this aspect of the matter has not been taken into consideration by the learned Court while considering the prayer for bail and, as such, the impugned order needs to be interfered with.

8. On the other hand, learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

9. Learned A.P.P. has submitted by referring to statement of the victims recorded under Section 164 Cr.P.C. that specific allegation of involvement of the present appellant has been stated by the victims and, as such, it is not a fit case where interference is required.

10. We have heard the learned counsel for the parties, gone across the findings rendered by the learned Court in the impugned order as also the case diary, based upon the materials so collected during course of investigation and also the statement of the victims recorded under Section 164 Cr.P.C.

11. Although in the statement of the victims recorded under Section 164 Cr.P.C. the imputation has been leveled against the present appellant but considering the period of his incarceration as the appellant is languishing in judicial custody since 31.08.2023 and also since the trial has also started wherein out of 14 prosecution witnesses 5 witnesses have been examined, and as such, keeping in view the mandate of Article 21 of the Constitution of India, we are inclined to interfere with the impugned order.

12. Accordingly, the order dated 28.05.2024 passed in Misc. Cri. Application No. 214 of 2024 by the learned Additional Sessions Judge-I, Simdega is hereby quashed and set aside.

13. In view thereof, the instant appeal stands allowed.

14. In consequence thereof, the appellant, above named, is directed to be released 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 the learned Additional Sessions Judge-I, Simdega in connection with S.T. Case No. 12 of 2024 arising out of Simdega A.H.T.U. P.S. Case No. 02 of 2023, subject to the condition that appellant will cooperate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to take appropriate course in accordance with law.

15. Accordingly, the instant appeal stands disposed of.