The High Court of Jharkhand allowed the petitioner's bail application in a case under the IPC. The judge inclined towards granting bail due to discrepancies in the victim's statement regarding the accused.
Petitioner released on bail bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2302 of 2018
Asim Toppo …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Shray Mishra, Advocate FOR THE STATE : A.P.P. ------
5/19.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 367/368/370/370A/34 of the IPC.
This petitioner is the father of Soni Toppo. Statement of the victim was recorded under Section 164 Cr.P.C which suggests that there is allegation against Soni Toppo, not against this petitioner.
In view of the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named 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 learned Additional Judicial Commissioner-XVII, Ranchi in connection with AHTU Ranchi Police Station Case No. 04 of 2016 (G.R. No. 4993 of 2016), corresponding to S.T. No. 603 of 2017.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner deserves bail considering the victim's statement recorded under Section 164 Cr.P.C.
2 provisions across 2 enactments
Asim Toppo
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
