Petitioner charged with rape under Section 376 IPC sought bail as the informant turned hostile and did not name him in trial. Court inclined to release him on regular bail upon furnishing sureties.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1843 of 2017
Kunal Mahto @ Kunal Ram ….. Petitioner Versus The State of Jharkhand ….. Opposite Party -----
CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. Gaurav For the State: Mr. V.S.Prasad, A.P.P
03/01.05.2017 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Section 376 IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence, as alleged in the F.I.R. Though the informant has alleged in her fardbeyan that the petitioner committed rape upon her on 31.10.2016, yet she subsequently appeared in the trial as PW.6 and has not named the petitioner and accordingly she has been declared hostile by the prosecution. In that view of the matter, the petitioner who is in judicial custody since 23.11.2016, may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bailbond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the C.J.M, Khunti in connection with Khunti P.S. Case No. 128/2016, corresponding to G.R. No. 390/2016.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether the petitioner accused under Section 376 IPC should be enlarged on regular bail considering the informant turned hostile.
Whether the petitioner's claim of foul play and non-commitment of offence warrants bail.
Kunal Mahto @ Kunal Ram
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
