The High Court at Ranchi enlarged the petitioner on bail in a rape case after he undertook to remove defects pointed out by the stamp reporter and cooperate with the trial.
Release on bail by furnishing a bond of Rs. 25,000 with two sureties of like amount.
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. 1852 of 2021
Dilbar Ansari … Petitioner Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Ms. Shamma Parveen, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P.
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Order No.02 Dated- 01.03.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Deori P.S. Case No.17 of 2020 registered under sections 376/452/506 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant. It is further submitted that the allegations against the petitioner are all false and there is a delay of 6 days in lodging the F.I.R. and the medical examination report do not support the case of the prosecution. It is then submitted that charge sheet has already been submitted in this case. It is next submitted that the petitioner has been in custody since 30.10.2020 as has been mentioned in paragraph no. 07 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih, in connection with Deori P.S. Case No.17 of 2020 with the condition that he will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether the petitioner should be admitted to bail in a case involving rape under sections 376 IPC.
1 provisions across 1 enactments
Dilbar Ansari
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
