A Single Judge Bench of the High Court of Jharkhand declined the petitioner's application for anticipatory bail in offences including rape and cheating, due to the serious nature of allegations, rejecting the claim of false implication despite prior dismissal.
Application for anticipatory bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No. 5476 of 2018
Dilip Kumar Sinha @ Mintu ` Petitioner
Versus
The State of Jharkhand and Anr
….. Opp. Party
--------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : MrSharad Kausal Advocate For the State : , A.P.P. For the O.P. No.2 : A.K.Sinha Advocate --------- 2/Dated: 21/01/2019
Heard learned counsel for the petitioner as well as learned counsel for the State
The petitioner is apprehending his arrest in connection with Jagarnathpur P.S Case No. 330 of 2017(GR No. 5155 of 2017 registered for the offence under sections 376/448/323/506/34 of the Indian Penal Code pending in the court of J.M.Ist Class Raanchi
It is submitted by learned counsel for the petitioner that petitioner is innocent person and has committed no offence and he has been falsely implicated in this case . Earlier the petitioner has moved A.B.A No. 1089 of 2018 which was dismissed on merit vide order dated 21.6.2018 by this court. Now fresh ground has been made out for grant of anticipatory bail
Learned APP has opposed the prayer for bail.
In view of the nature of the allegation made against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly rejected.
(Anant Bijay Singh, J.)
SD
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner apprehending arrest in a rape-related case on the grounds of false implication and invocation of fresh grounds without merit.
Whether the nature of allegations in a cognizable offence incorporated into offences under Sections 376/448/323/506/34 IPC requires rejection of anticipatory bail application.
Dilip Kumar Sinha @ Mintu
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
