In connection with a charge sheeted rape and assault case, the High Court granted regular bail to the petitioner on the basis of completed investigation and lack of medical evidence supporting the rape charge.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount each, subject to furnishing Aadhar Card and mobile number.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 11086 of 2020
....
Dilip Jogi
.… Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Ms. Sunita Kumari, Adv. For the State : Mr. Arup Kr. Dey, APP
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
03/25.02.2021
Heard learned counsel for the petitioner and learned A.P.P.
The present application has been filed for grant of regular bail to the petitioner in connection with Basia P.S. Case No.33 of 2020, registered under Sections 323/ 325/ 326/ 307/ 504/ 506/ 376/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 23.03.2020. It has been further submitted that the investigation has already been completed. It has been alleged that this petitioner has committed rape upon the informant, who is bhabhi of this petitioner. When the matter has been reported to her husband by the informant and upon knowing this, the petitioner with his family members has assaulted the husband and informant also. The medical evidence does not support the factum of rape and no injury has been recorded in the case diary. Petitioner is ready to co-operate with the trial. Hence, the petitioner may be enlarged on bail.
Learned A.P.P. has opposed the prayer and submitted that the informant has made specific allegation against this petitioner regarding commission of rape and as such he does not deserve the privilege of bail.
Considering the material available on record, period of custody and the medical evidence, the petitioner, named above, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.33 of 2020 subject to the conditions that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving allegations of rape and assault given the conflicting medical evidence and completion of investigation.
1 provisions across 1 enactments
Dilip Jogi
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
