The High Court of Jharkhand granted anticipatory bail for a petty accusations of rape, subject to specific conditions including cooperation with investigation and appearance before the IO within 6 weeks.
Petitioner granted anticipatory bail for six weeks; condition to provide 11/11/ bond 25000 Rs + 2 securities and cooperate with investigation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7006 of 2021
Rishu Gupta … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Santosh Kr. Soni, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. For O.P. No.2 : Mr. Santosh Kumar, Advocate
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Order No.02 Dated- 27.09.2021
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.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Katkamdag P.S. Case No.138 of 2020 registered under sections 376 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 victim girl. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the counter affidavit filed by the informant in this case, it is submitted that therein, it has been mentioned that the informant want to marry the petitioner and now she has married with another person hence, she does not want to proceed with the case and the informant has no objection to the prayer for anticipatory bail. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that because of some misunderstanding, this case was instituted. It is then submitted that the petitioner is ready
and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall 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., Hazaribag, in connection with Katkamdag P.S. Case No.138 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail for the period of six weeks in case No.138 of 2020.
1 provisions across 1 enactments
Rishu Gupta
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
