This is a bail application filed by Guddu Kumar Chauhan. The High Court of Jharkhand rejected the application citing the serious nature of the offence. The court observed that the FIR was lodged by the victim herself against the accused and his accomplice. The applicant undertook to remove a defect within one week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10578 of 2021
Guddu Kumar Chauhan @ Chhotu ..... … Petitioner
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Baban Prasad, Advocate For the State : Mr. Someshwar Roy, A.P.P. --------
04/17.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
Learned counsel for the applicant undertakes to remove the defect, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant– Guddu Kumar Chauhan @ Chhotu with prayer to release on bail in connection with S.T. Case No.354 of 2019 registered under Section 376(G) of the Indian Penal Code pending in the court of learned Additional Judicial CommissionerXXII, Ranchi.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the victim herself against Deepak Kumar (driver) and Chhotu (Khalasi) of the bolero car with the allegations that on 11.01.2019 at 4 p.m., the prosecutrix left her home on account of quarrel with her step mother and she boarded a bolero car to go to Ranchi. Later on she realized her mistake and ask the driver to take her back to Medininagar but the driver of the car took her to a lonely place, wherein she was raped. It is further submitted that the victim was examined before the Trial Court, wherein she has stated that one of two co-accused had committed rape. It is also submitted that coaccused Deepak Kumar Mahto @ Deepak Mahto has been granted bail by a coordinate Bench of this Court vide order dated 06.12.2021 passed in B.A. No.12004 of 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that F.I.R. of this case was lodged by the victim herself and the victim in her statement under Section 164 Cr.P.C. has stated that both of the accused had committed rape upon her one by one in the bolero car itself. During trial, the victim was examined before the trial court and she has stated that one of the two accused had established physical relations with her against her will and other was standing outside. The victim in her statement has not stated that the applicant has not committed rape upon her.
In view of the submissions made and material on record, the bail
application of the applicant is hereby rejected.
(Subhash Chand, J.)
Rohit
3 issues framed by the court
Whether bail should be granted to the accused in a rape case where the victim has lodged the FIR.
Whether the defect pointed out by the office can be removed within the stipulated period.
Whether the rejection of the bail application is justified given the circumstances of the case.
Guddu Kumar Chauhan @ Chhotu
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
