This bail petition was filed by an accused in a case involving alleged rape and abduction under IPC. The High Court, after noting direct allegations from the victim, rejected the bail prayer.
Bail prayer of the petitioner rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 50 of 2018
Anup Kumar Ram @ Anup Bhadahi @ Anup Ram …. …. Petitioner(s).
Versus
State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Mr. Tarun Kumar No.1, Advocate For the State : A.P.P.
05/12.04.2018
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 363(A)/34 IPC in connection with Giridih (T) Police Station Case No. 409 of 2015 (G.R. No.3795 of 2015) corresponding to Sessions Trial No. 299 of 2016, pending in the Court of learned Special Judge, Giridih.
After going through the statement of the victim which was recorded under Section 164 Cr.P.C and also after going through the paragraph no. 56 of the case diary it transpires that there is direct allegation against this petitioner of committing rape upon the victim.
Since there is direct allegation against this petitioner, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer of bail of the petitioner above named in connection with Giridih (T) Police Station Case No. 409 of 2015 (G.R. No.3795 of 2015) corresponding to Sessions Trial No. 299 of 2016, pending in the Court of learned Special Judge, Giridih stands rejected .
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether bail should be granted to the accused in a rape case where there is a direct allegation from the victim.
Anup Kumar Ram @ Anup Bhadahi @ Anup Ram
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
