Single judge order granting bail to an accused in a Section 376 IPC case, with a bond of Rs. 25,000 and two sureties, subject to cooperation with the trial.
Release on bail upon furnishing a bond of Rs. 25,000 with two sureties of like amount, subject to cooperation with the trial.
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. 2376 of 2021
Ulman Ansari … Petitioner
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Ashok Kumar , Adv. For the State : Ms. Mohua Palit , Addl. P.P.
02 / 08.03.2021 Heard the parties through Video Conferencing.
The petitioner has been made accused in connection with Ramkanda P.S. case no. 55 of 2020 (S.T. No. 10 of 2021) registered under Sections 376 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the informant-victim. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false as the victim is a married lady with two children and she received a gift of mobile phone with sim card from the petitioner. It is further submitted by learned counsel for the petitioner that from the allegations, it is evident that it is the case of consensual sexual relationship between two adults. It is further submitted by learned counsel for the petitioner that charge sheet has been submitted against the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 22.10.2020 as mentioned in paragraph 14 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner.
Considering the facts of the case, 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 ASJ-III, Garhwa in connection with Ramkanda P.S. case no. 55 of 2020 (S.T. No. 10 of 2021) subject to the condition that the petitioner will co-operate with the trial of the case.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
3 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case alleging rape.
What conditions, if any, may be imposed for the grant of bail.
Whether the petitioner's claim of consensual relationship is sufficient to warrant release on bail.
1 provisions across 1 enactments
Ulman 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
