The High Court allowed a bail application in a rape case where the informant was declared hostile, directing the petitioner's release on a bond of Rs. 20,000 with two sureties of equal amount.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5189 of 2022
Minhaj Ali @ Minaj Ali @ Nizam
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For Petitioner : M/s. Awnish Shankar, Advocate For the State : M/s. Saket Kumar, A.P.P For the Informant: M/s. Haider Ali, Advocate
10/11.11.2022 Heard the Parties.
Petitioner has been made an accused in connection with S.T. Case No. 69/2022, arising out of Katkamsandi (Pelawal) P.S. Case No. 132/2021, corresponding to G. R. Case No. 1994/2021, registered under Sections 376/ 341/ 342/ 323/ 504/ 506/34 of the Indian Penal Code and charge has been framed under section 376(2) of the Indian Penal Code, pending in the Court of learned Additional Sessions Judge-1-Cum-FTC for rape cases, Hazaribag.
Bail application of this petitioner was earlier rejected wide B.A. No. 14768/21 by order dated 24.01.2022.
Informant is a widow. After the death of her husband. she was residing at her maike. At the instance of her father-in-law. she came to her matrimonial home. On the night of 12.07.2021, the petitioner is alleged to have raped her. The petitioner is nandosi of the informant.
It was submitted that the informant has been examined during the trial and she has been declared hostile. A copy of the deposition of the informant has been placed for perusal. From the perusal of which it appears that the informant has stated that due to property disputes she has lodged this case. She has given a complete go by to the allegation that the petitioner had raped her.
Learned A.P.P. has opposed the prayer for bail of the
petitioner but has not disputed the aforesaid facts.
Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1-Cum-FTC for rape cases, Hazaribag in connection with S.T. Case No. 69/2022, arising out of Katkamsandi (Pelawal) P.S. Case No. 132/2021, corresponding to G. R. Case No. 1994/2021.
(Ambuj Nath, J.)
Saurabh
2 issues framed by the court
Whether the petitioner should be released on bail pending trial in a rape case where the informant has been declared hostile.
What conditions are required for the release on bail in the specified case.
Minhaj Ali @ Minaj Ali @ Nizam
State of Jharkhand
Nilofar Shabana
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
