Single judge order granting bail to petitioner accused of offences under Sections 342/376/120(B) IPC, directing release on bond with conditions regarding Aadhar and mobile number.
Released on bail of Rs. 10,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6931 of 2020
....
Shahnawaj Khan .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Kripa Shankar Nanda, Adv. For the Opposite Party : Mr. Rajesh Kumar, A.P.P.
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. ….. Heard learned counsel for the petitioner and learned counsel for the State.
04/22.02.2021
The petitioner is accused in connection with Gumla P. S. Case No 171 of 2020 registered under Sections 342/376/120(B) of the Indian Penal Code and is pending in the Court of learned Chief Judicial Magistrate, Gumla.
It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 17.05.2020. Prosecutrix has alleged that incident has taken place on 17.04.2020 and FIR has been lodged on 26.04.2020 i.e. after ten days from the date of incident. It has been further alleged that five persons was involved, however, rape has been committed by this petitioner. Defense has taken that there was proposal of marriage between the parties and since the proposal has failed, this false case has been lodged to pressurize the petitioner. On the above fact, prayer for bail has been made.
On the other hand, learned counsel for the State has opposed the prayer for bail and has submitted that the girl has made specific allegation against this petitioner, which has been supported by the statement recorded under Section 164 of the Cr. P. C. of the victim girl.
Considering the material available on record and considering the mismatching the narrative of the incident, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Gumla P. S. Case No 171 of 2020subject to the condition 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.)
Kamlesh/
Shahnawaj Khan
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
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