Single-bench bail order granting release to petitioner accused of rape under IPC 376 and P.O.C.S.O. Act. Court inclined to release despite victim naming another person in FIR statement.
Petitioner directed to be released on bail furnishing bond of Rs.10,000 with two sureties of like amount to satisfaction of Judicial Magistrate, Ranchi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4741 of 2015
Ajit Munda @ Bailu … Petitioner -VersusThe State of Jharkhand ..... Opposite Party
------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
------For the Petitioner : : M/s. Chandrajit Mukherjee For the State : : M/s. Hemant Kr. Shikarwar, A.P.P. -------
04/ 02.12.2015. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Chanho P.S. Case No. 30 of 2015, corresponding to G.R. No. 1848 of 2015, for the offence under Section 376 of the Indian Penal Code and Section 4 of the P.O.C.S.O. Act.
There is allegation against the petitioner in the FIR to have committed rape upon the informant.
The statement of the victim girl has been recorded under Section 164 of the Cr.P.C., wherein she has named another person to have committed rape upon her.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Ajit Munda @ Bailu, 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 Sri S.N. Bara, learned Judicial Magistrate, Ranchi, or his successor, in connection with, Chanho P.S. Case No. 30 of 2015, corresponding to G.R. No. 1848 of 2015.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Section 376 IPC and Section 4 P.O.C.S.O. Act given conflicting victim statements.
Whether the discrepancy in victim statement recording under Section 164 Cr.P.C. affects the grant of bail.
Ajit Munda @ Bailu
The State of Jharkhand
H.C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
