Single judge rejected interim bail in a rape case purportedly falsely implicated due to land dispute, citing victim's statement under Section 164 Cr.P.C.
Accused directed to surrender and approach lower court for regular bail; interim bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 689 of 2018
Mangal Pandit …… Petitioner Versus The State of Jharkhand &Anr …… Opposite Party(s) --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. S.K. Thakur Advocate For the State : A.P.P ---------
4/Dated: 17/07/2018
The petitioner is apprehending his arrest in connection with Borio P.S Case No. 135 of 2017 corresponding to G.R Case No. 319 of 2017 registered for the offence under section 376 of the Indian Penal Code, pending in the court of A.C.J.M
The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged in the F.I.R and has been falsely implicated in this case.It is further submitted that the petitioner has been made accused in this case only because there is a land dispute between the informant's family and petitioner. It is futher stated that the petitioner has been involved in this case by conspiracy of the informant and his family member due to the land dispute.
Learned A.P.P opposed the bail and submitted that a statement of the victim was recorded under section 164 Cr.P.C from which it reveals that victim was raped by the petitioner as it would be evident from para-16 of the case diary.
In view of the statement made in paragraph-16 of the case diary, I am not inclined to grant bail to the petitioner. It is accordingly, rejected.
However, if so advised, petitioner is directed to surrendered in the court below and pray for regular bail, which shall be considered by the court below on its own merit without being prejudiced by the order of this court.
(Anant Bijay Singh, J.)
SD
1 issue framed by the court
Whether bail should be granted to the accused apprehending arrest in a rape case based on a false implication due to land dispute?
Mangal Pandit
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
