Single Judges Bench granted bail to petitioner accused in rape case under Section 376 IPC. Released on bond of Rs. 25,000 with two sureties subject to standard conditions of appearance and conduct.
Petitioner released on bail on furnishing of bond of Rs. 25,000 with two sureties of similar amount each subject to court conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5161 of 2022
Mansoor Ansari …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Santosh Kumar, Advocate For the State : Mr. Praveen Kr. Appu, A.P.P. For the Informant : Mr. Dilip Kumar Jaiswal, Advocate
Order No.04/ Dated:10.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Sarwan P.S. Case No. 17 of 2021, registered for the offence under Section 376 of the Indian Penal Code, pending in the court of learned J.M., Deoghar.
As per F.I.R. allegation against the petitioner is that victim lady met the present petitioner about one year ago and have developed illicit relationship with each other on assurance of marriage. Petitioner has sexually exploited the victim but since last three months accused did not meet her and was found traceless.
Learned counsel for the petitioner has submitted that petitioner and victim both are adults and are capable to differentiate between good and evil. Admittedly, there is no allegation about forcible intercourse committed by the petitioner against the will and consent of the victim lady. The petitioner is languishing in Judicial custody since 10.03.2022 without rhymes and reasons. Charge sheet has been submitted against him, hence there is no requirement for the purpose of investigation. Petitioner undertakes to co-
operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there is serious and heinous allegation of committing rape upon the informant in pretext of marriage with her. After sexual exploitation with the victim girl, present petitioner fled away for a considerable period, hence he does not deserve bail.
Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner and also in view of the fact that after submission of charge sheet charges have been framed against the petitioner and there are only 6 witnesses mentioned in the charge sheet, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned J.M., Deoghar in connection with Sarwan P.S. Case No. 17 of 2021 subject to the conditions:-
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
R.K.
2 issues framed by the court
Whether the petitioner should be enlarged on bond in a case involving offence under Section 376 IPC.
Whether the petitioner qualifies for bail considering the nature of allegations and his flight record.
Mansoor Ansari
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
