Allowed

Rohit Harijan v. the State of Jharkhand

Jharkhand HC13 Oct 2022B.A./8146/2022

Case brief

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What is this about?

In a bail application under Sections 376 IPC and POCSO, the High Court of Jharkhand allowed the release of the applicant upon furnishing a bail bond and two sureties, noting a lack of corroboration with medical evidence.

What did the court decide?

The bail application is allowed. The applicant shall be released on bail upon furnishing a bail bond of Rs. 25,000 with two sureties of the like amount.

Rohit Harijan Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8146 of 2022

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Rohit Harijan ..... … Petitioner Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. Anup Pawan Topno, A.P.P.

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05/13.10.2022 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 Anandpur P.S. Case No.05 of 2022 registered under Sections 376(1) of the Indian Penal Code and Sections 4/6 of the POCSO Act pending in the court of learned Spl. Judge (POCSO) Act, Chaibasa.

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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 with the allegations that on 18^th March, 2022, she was coming to her house from the market. Amid the way, accused—Rohit Ranjan met her and intercepted her cycle. He asked her mobile number and she refused then the applicant forcibly dragged her towards the bush and committed rape upon her.

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Learned counsel for the applicant has submitted that as per F.I.R. allegations, the occurrence is of 18.03.2022 and the F.I.R. was lodged on 20.03.2022. The statement of victim was also recorded under Sections 161 and 164 Cr.P.C. Though the victim supported the prosecution story, yet the same is not corroborated with the medical evidence. As per medical report, no injury was found on the private of the victim. Moreover, the accused was also medically examined and no symptoms of committing rape were found at the penis of the accused, as such, the prosecution story is not supported with the medical evidence. The applicant has been languishing in jail since 21^st March, 2022.

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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 as per medical report, the age of victim was 16-17 years.

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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 concerned in aforesaid case.

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(Subhash Chand, J.)

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Rohit

Rohit Harijan v. the State of Jharkhand

Case brief

What is this about?

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Rohit Harijan v. the State of Jharkhand

Case brief

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