The court allowed the bail application filed by the applicant, ordering his release upon furnishing a bail bond of Rs. 25,000 and two sureties of like amount, citing the victim's conduct as consenting.
Release on bail on furnishing a bond of Rs.25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 416 of 2022 Awdhesh Ganjhu @ Awadhesh Kumar ….. Petitioner Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mr. S.K. Mahto, A.P.P.
3/02.05.2022
Heard learned counsel for the applicant and learned APP for the State. The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Bashistanager P.S. Case No.08/2021 under sections 363, 366(A) of the IPC, pending in the court of learned Special Judge, POSCO Cases cum-Additional Sessions Judge-I, Chatra.
Learned counsel for the applicant has submitted that FIR of this case was lodged by the father of the victim with these allegations that his minor daughter 16 years old was enticed away by Awdhesh Ganjhu @ Awadhesh Kumar with intent to have illicit relation with her. In this act his father Pramod Ganjhu, brother Bharat Gnjhu and his sister Panwa Devi also assisted him.
The learned counsel for the applicant has submitted that the statement of the victim was recorded under section 161 Cr.P.C. in which she had stated that Awdhesh Ganjhu @ Awadhesh Kumar took her with him at the house of her maternal uncle in the State of U.P. It is further submitted that as per medical evidence the age of the victim was determined to be 16-18 years in view of para-86 of the case diary. Though the victim had supported the prosecution story in her statement under Section 164 Cr.P.C., yet the conduct of the victim in whole reveals that she was consenting party. The applicant has been languishing in jail since 04.12.2020.
Learned APP appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.)
tarun
Awdhesh Ganjhu @ Awadhesh Kumar
SUBHASH CHAND
As recorded by the court registry
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