Bail application rejected in rape case. Court denied bail alleging false implication and lack of victim testimony during trial. Petitioner remains in judicial custody.
Prayer for regular bail rejected; petitioner to remain in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 5566 of 2019
Madan Kerai ….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
----- CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. Anjani Kumar For the State: Ms. Vandana Bharti, A.P.P
05/13.08.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Section 376(2)(k) IPC. However, the charge has been framed under Section 376(1) IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. The informant/victim has roped the petitioner in the present case due to village politics. The witnesses, who have been examined in the trial, have not supported the case of the prosecution. The petitioner is in judicial custody since 23.07.2018 and as such he may be given the privilege of regular bail.
Learned A.P.P while opposing the petitioner’s prayer for bail, submits that there is direct allegation against the petitioner of committing rape upon the victim. Moreover, the victim has not yet been examined in the trial and as such the petitioner may not be given the privilege of regular bail.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the above named petitioner is rejected.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner accused under Section 376 IPC should be granted regular bail.
Madan Kerai
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
