In a bail petition under Sections 376 and 493 IPC, the High Court of Jharkhand granted regular bail to the accused relying on the complainant's relationship and delayed FIR, subject to furnishing a bond and sureties.
Petitioner released on bail on furnishing bond of Rs.20,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.5921 of 2019
Nazrul Ansari. .......... Petitioner.
-Versus-
The State of Jharkhand. .......... Opp. Party.
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. A. K. Choudhary, Advocate For the State : APP ----- Order No.04 Date: 23.07.2019
The petitioner is an accused in a case registered under Sections 376 and 493 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged in the complaint leading to lodging of the present first information report. Though the alleged occurrence took place on 7th August, 2018, yet the complaint was instituted by the complainant/informant on 1st March, 2019. The statement of the victim was recorded under Section 164 Cr.P.C. and on perusal of the same it would appear that there was a consented relationship between the petitioner and the victim, who is a married lady. The only reason for roping the petitioner in the present case is that the petitioner refused to marry her. As such, the petitioner who is in judicial custody since 24th April, 2019 may be given the privilege of regular bail.
Learned APP opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount, each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamtara, in connection with Narayanpur P.S. Case No.37 of 2019, corresponding to G.R. No.283 of 2019.
(Rajesh Shankar, J.)
Sanjay/
2 issues framed by the court
Whether the petitioner charged under Sections 376 and 493 IPC is entitled to regular bail.
Whether the delayed filing of the complaint and alleged consented relationship warrant bail.
1 provisions across 1 enactments
Nazrul Ansari
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
