In a bail application by an accused person charged with rape and other offences, the High Court of Jharkhand directed the enlargement on bail upon furnishing a bond and two sureties, considering the facts and circumstances of the case.
Directed the petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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In the High Court of Jharkhand at Ranchi
B.A.No.5629 of 2016
Md. Nasim @ Md. Wasim Akhtar ……………..…Petitioner
V E R S U S
State of Jharkhand……………………………….Opposite Party
CORAM: HON’BLE MR. JUSTICE ANANDA SEN
For the Petitioner :Mr.Ashok Kumar Sinha (4) For the State :APP
2/ 17.8.16. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
The petitioner is an accused in connection with Mango (Azadnagar) P.S. case no.283 of 2015, corresponding to G.R.No.2144 of 2015, registered for the offence punishable under Sections 376, 341, 323,504, 506 of the Indian Penal Code.
By filing a complaint, the informant, accuses this petitioner, that he has established physical relationship with her and also promised to adopt all the children of the complainant, whom she has begotten from her deceased husband.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the informant, being a widow, was working as a labour under the petitioner, who is a civil contractor. He further submits that only to extort money, this case has been lodged.
Counsel for the State submits that on the false promise of marriage, this petitioner has established physical relationship with her.
From the complaint petition, it is clear that the alleged occurrence has taken place on 26.10.2012, when the informant was in her house, but this complaint has been filed after a long delay of nearly three years in April, 2015. From the complaint, it is also clear that the relationship between them went on for long period, without there being any protest from the complainant. The complainant is a major.
Regard being had to the facts and circumstances, the above named petitioner is directed to be enlarged 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 Additional Sessions Judge VI, Jamshedpur in S.T. No.148 of 2016 arising out of Mango (Azadnagar ) P.S. case no.283 of 2015, corresponding to G.R.No.2144 of 2015.
( Ananda Sen, J.)
ND/
1 issue framed by the court
Whether the petitioner should be granted bail pending trial in a rape and criminal defence case.
Md. Nasim @ Md. Wasim Akhtar
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
