Allowed

Mahesh Roy v. the State of Jharkhand

Jharkhand HC18 Dec 2019Cr.A(SJ)/334/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed the bail appeal of Mahesh Roy, directing his release on a bond of Rs. 10,000 with two sureties. The court set aside the rejection of bail by the Special Judge, citing the lack of physical injury in the medical report and witness testimony suggesting a prior relationship.

What did the court decide?

Released on bail on furnishing bond of Rs. 10,000 and two sureties of the like amount.

Mahesh Roy Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (S.J.) No.334 of 2019

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Mahesh Roy. .. .Appellant Versus

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The State of Jharkhand.

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Sushanti Marandi. .....Respondents

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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY

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---------For the Appellant : Mr. Arvind Kumar Choudhary, Advocate For the State : Mrs. Laxmi Murmu, APP. For the O.P. No. 2 : None

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07/18.12.2019 Heard learned counsel for the appellant and learned A.P.P. No one appears on behalf of O.P. No. 2 in spite of valid service of notice.

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This appeal is directed against the order dated 8.3.2019, passed by the learned Special Judge, Dumka in connection with Shikaripara P.S. Case No. 99 of 2018, by which the prayer for bail of the appellant has been rejected.

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It has been alleged in the FIR that the appellant had forcibly caught the informant and on the threat of committing her murder had subjected her to rape.

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Learned counsel for the appellant has submitted that the appellant is in custody since 31.12.2018 and the medical report does not suggest that physical relationship was established between the appellant and the victim. While referring to the evidences of the independent witnesses at paragraphs 64, 65, 68 and 69 of the case diary, learned counsel for the appellant has submitted that the said evidences of independent witnesses would suggest that there was love affair between the appellant and victim since long and talk of compromise was also going on and therefore the victim being a major lady had acceded to the sexual advances made by the appellant.

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Learned A.P.P. has opposed the prayer made by the learned counsel for the appellant and has referred to the counter affidavit filed by the State, from which it appears that the date of birth of the appellant has been detected to be 4.3.1998, which indicates that on the date of incident and even at the time of flowering of relationship between the appellant and the victim, she was a major. Evidences of the independent witnesses do suggest that there was relationship between the appellant and the victim and therefore if the totality of the circumstances is taken into consideration, it would appear that the victim was a consenting party to the sexual advances made by the appellant. Appellant appears to be in custody since 31.12.2018.

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Regard being had to the aforesaid facts, while setting aside the order dated 8.3.2019, passed by the learned Special Judge, Dumka in connection with

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-2-

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Shikaripara P.S. Case No. 99 of 2018, the appellant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only), with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I cum Special Judge, Dumka in connection with Shikaripara P.S. Case No. 99 of 2018.

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This appeal stands allowed and disposed of.

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(Rongon Mukhopadhyay, J)

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Rakesh/-

Mahesh Roy v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahesh Roy v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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