Allowed

Abhishek Laguri v. the State of Jharkhand

Jharkhand HC17 Jun 2020B.A./769/2020

Case brief

AI extract

What is this about?

Bail allowed to petitioner accused in rape case alleging discrepancies between FIR and Section 164 Cr.P.C. statement and significant delay in lodging FIR despite police officer parent of victim. Directed to furnish bond and surety.

What did the court decide?

Directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ranchi.

Abhishek Laguri Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 769 of 2020

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Abhisekh Laguri @ Abhishek Laguri @ Abhishekh … Petitioner

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ---

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For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the Opposite Party : A.P.P.

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4/17.06.2020 Heard the parties.

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The petitioner is an accused in connection with Lalpur P.S. Case

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No. 368 of 2018.

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It has been alleged that the informant was called to Bijay Apartment by the petitioner. In the apartment, she was forced to have a drink and petitioner has committed rape upon her.

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Learned counsel for the petitioner has stated that the incident is alleged to have taken place on 24.09.2018, but the FIR has been lodged on 01.10.2018 and the reason for the delay is that the father of the victim was busy, although, it appears that the father of the victim was himself a police officer. Learned counsel further submits that there are discrepancies in the written report as well as in the statement recorded under Section 164 Cr.P.C. to the extent that in the FIR she claims herself to have been intoxicated by the petitioner, but no such statement has been made in the statement under Section 164 Cr.P.C. Learned counsel for the petitioner while referring to paragraph 46 of the case diary has submitted that a finding has been recorded that the mobile of the petitioner was with the victim on the date of occurrence, which falsifies the initial allegation levelled in the FIR. He has further stated that the petitioner is in custody since 27.08.2019.

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Mr. Arun Kumar Pandey, learned A.P.P. has opposed the prayer for bail and has relied upon the statement under Section 164 Cr.P.C. of the victim by submitting that specific allegation of commission of rape has been levelled against the petitioner by the victim.

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-2-

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The submissions advanced by the respective counsels have been considered.

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It appears that there are several discrepancies which has come to the fore and the most surprising aspect of the case is the delay in instituting the FIR, although the father of the informant is himself a police officer. The FIR was instituted after almost one week from the date of incident and it appears to be a lengthy and well thought out FIR, but the same also suffers from the vice of inconsistency, if compared to the statement of victim recorded under Section 164 Cr.P.C.

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In view of the above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Lalpur P.S. Case No. 368 of 2018.

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(Rongon Mukhopadhyay, J)

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R. Shekhar Cp 3

Abhishek Laguri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Abhishek Laguri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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