Allowed

Jail Prakash Paswan Alias Kali Paswan Alias Jai Prakash Paswan v. the State of Jharkhand

Jharkhand HC10 Sept 2018A.B.A./1465/2018

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to the petitioner, who alleged false implication in a sexual offence case, observing that the victim admitted a consensual relationship. Specific conditions regarding surrender, bail bonds, and legal aid contribution were imposed.

What did the court decide?

Anticipatory bail admitted. Petitioner directed to surrender within four weeks, be released on bail bond of Rs. 15,000 with two sureties, and deposit Rs. 11,000 as cost.

Jail Prakash Paswan Alias Kali Paswan Alias Jai Prakash… — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1465 of 2018

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Jail Prakash Paswan @ Kail Paswan @ Jai Prakash Paswan

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….. Petitioner

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Versus The State of Jharkhand & Ors. ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Pawan Kumar Singh, Advocate. For the State : A.P.P.

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07/Dated: 10/09/2018

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The petitioner is apprehending his arrest in connection with the case registered under Sections 376(2) (M), 376(D), 354, 323, 341, 307/34 of the IPC.

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Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated and not committed any offences whatsoever alleged in the F.I.R. and there is love affairs between Nagendra Rajwar and the victim.

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Despite valid service of notice nobody appeared on behalf of the O.P.No.2 and 3.

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The statement of victim under Section 164 of the Cr.P.C. has been recorded, wherein she admits that she loves with Nagendra Rajwar and with consent established physical relationship with Nagendra Rajwar.

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Under the facts and circumstances, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Palamau at Daltonganj, in connection with Bishrampur P.S. Case No.62/17, corresponding to G.R.No.2397/17, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to the further conditions as follows:(i) Petitioner will give an affidavit through his Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is

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-2-

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required.

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(ii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.

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(iii) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioners, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioners fixing date, time and place and thereafter, petitioner will appear and get their statement recorded. If petitioner fail to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.

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(iv) One bailor should be close relative of the petitioner. (v) Petitioner shall deposit Rs.11,000/- by way of cost before the Secretary/ President Jharkhand High Court Advocates' Association and to submit a receipt of the same at the time of surrender.

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Let a copy of this order be sent to court below and handed over to the Secretary/ President Jharkhand High Court Advocates' Association as well as learned APP for transmission of the same to the concerned I.O.

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(Anant Bijay Singh, J.)

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fahim/-

Jail Prakash Paswan Alias Kali Paswan Alias Jai Prakash Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jail Prakash Paswan Alias Kali Paswan Alias Jai Prakash Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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