The High Court of Jharkhand, considering the hostility of the key prosecution witness (P.W. -1) who did not support the prosecution case during trial and the petitioner's long custody, directed his release on bail.
The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 13536 of 2021
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Chandan Yadav ... … Petitioner Versus The State of Jharkhand ... … Opposite Party
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------- For the Petitioner : Ms. Shamma Parveen, Advocate For the State : Mr. Vishwanath Roy, A.P.P.
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03/15.12.2021 So far as defect no. 9(ii) is concerned, the same is ignored.
Heard Ms. Shamma Parveen, learned counsel for the petitioner and Mr. Vishwanath Roy, learned A.P.P. for the State.
The petitioner had earlier moved this Court for grant of bail in Criminal Appeal (S.J.) No. 539 of 2020 but the same was rejected at that stage vide order dated 24.03.2021.
The petitioner has been alleged to have committed rape upon the informant.
In the 164 CrPC statement of the informant, she has supported the occurrence.
However, in course of trial, the informant has been examined as P.W. - 1 and since she did not support the prosecution case, she has been declared hostile by the prosecution.
The petitioner is in custody since 06.11.2019.
Regard being had to the above, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Special Judge POCSO Act – cum- SC/ST Act, Giridih, in connection with Jamua (Nawdiha O.P.) P. S. Case No. 192 of 2019.
(Rongon Mukhopadhyay, J.)
Umesh/-
1 issue framed by the court
Whether the petitioner should be granted bail in connection with a case alleging rape upon the informant under the SC/ST Act and POCSO Act.
1 provisions across 1 enactments
Chandan Yadav
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
