A bail petition filed by a rape accused challenging his detention at the final stage of trial was rejected by the single bench, noting that the nature of allegations and the closure of trial made him unfit for release.
Prayer for bail was rejected.
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. 1462 of 2020
Kailash Kumar. . ... .. .Petitioner
Versus The State of Jharkhand. ... Opposite Party
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Shubhashis Rasik Soren, Advocate. For the State : Mr. Gouri Shankar Prasad, A.P.P. For the Informant : Mrs. Rashmi Kumar, Advocate -----
05/15.6.2020 Defects, as pointed out by the office, are ignored.
Heard the parties.
The petitioner is an accused in connection with Jainagar (Telaiya Dam
O.P. P.S. Case No.189 of 2019.
It has been alleged that the petitioner had committed rape upon the informant on several occasions. He is also alleged to have videographed the said act. In 164 Cr..P.C. statement of the victim, she has supported the occurrence.
Learned counsel for the petitioner has submitted that the petitioner and the victim were in a relationship and since they were caught by the mother of the victim, the FIR has been instituted. It has been submitted that there are substantial discrepancies in the FIR, in 164 Cr.P.C. statement and in the statements of the witnesses in course of trial, which would indicate the falsity of the allegations levelled against the petitioner. It has also been submitted that the petitioner is in custody since 10.10.2019.
Learned counsel for the informant has submitted that all the witnesses have been examined by the prosecution and the case has been fixed for argument.
Regard being had to the nature of allegations levelled against the petitioner apart from the fact that the trial has virtually come to a close, I am not inclined to grant bail to the petitioner. Hence his prayer for bail is accordingly rejected.
(Rongon Mukhopadhyay, J)
Rakesh/-
3 issues framed by the court
Whether bail should be granted to an accused facing rape allegations at the final stage of trial.
Whether the discrepancies in the FIR and witness statements necessitate the release of the petitioner.
Whether the nature of allegations precludes bail despite the relationship between petitioner and victim.
Kailash Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
