Allowed

Rajesh Mochi Alias Haradhan Mochi v. the State of Jharkhand

Jharkhand HC18 Jan 2022B.A./11300/2021

Case brief

AI extract

What is this about?

The High Court of Jharkland allowed the bail application of an applicant accused under Sections 376/493/506 IPC in a sexual exploitation case involving a major victim. The applicant had been in custody since 2018, alleging the victim deserted him before child delivery. The court granted bail on a standard bond and sureties.

What did the court decide?

Release on bail with bond of Rs. 25,000 and two sureties to the satisfaction of the Chief Judicial Magistrate, Seraikella.

Rajesh Mochi Alias Haradhan Mochi Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.11300 of 2021

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Rajesh Mochi @ Haradhan Mochi @ Haradhan Rabidas

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..... … Petitioner Versus 1.The State of Jharkhand 2.Susmita Tudu …. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. --------

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05/18.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the

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State.

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This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Adityapur P.S. Case No.145 of 2021 registered under Sections 376/493/506 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Seraikella.

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Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the victim herself against the applicant-accused Rajesh Mochi with the allegations that the applicant had sexually exploited her on the pretext of solemnizing marriage with her and in the meantime she became pregnant and he left her. Learned counsel for the applicant has submitted that the victim was major. The victim in her statement under Section 164 Cr.P.C. has stated that she was kept by the applicant for one year and he assured her to solemnize marriage but he deserted her when two months were left in delivery of the child, which she had in her womb. It is further submitted that there is no medical evidence in regard to the pregnancy and also in regard to the paternity of the child, which is alleged to be of the applicant. The applicant has been languishing in jail since 22.04.2018.

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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 though the victim was major on the date of occurrence, yet she has supported the F.I.R. version in her statement under Section 164 Cr.P.C.

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In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court of learned Chief Judicial Magistrate, Seraikella in aforesaid case.

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(Subhash Chand, J.)

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Rohit

Rajesh Mochi Alias Haradhan Mochi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Mochi Alias Haradhan Mochi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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