Allowed

Imam Sk Alias Aman Sk Alias Amam Shekh Alias Amam Sk v. the State of Jharkhand

Jharkhand HC16 Sept 2023A.B.A./2196/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a rape case pending at Pakur Mahila P.S. The Court directed the release on bail upon deposit of security and furnishing of conditions including cooperation with investigation and non-disturbance of the informant.

What did the court decide?

Anticipatory bail granted; release on deposit of Rs.1,00,000/- and furnishing of bail bond with conditions.

Imam Sk Alias Aman Sk Alias Amam Shekh Alias Amam Sk Vs… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2196 of 2023

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Imam Sk @ Aman Sk @ Aman Shekh @ Aman Sk.

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Versus The State of Jharkhand & Anr. .... Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner	: Mrs. J. Mazumdar, Advocate
	: Mr. Rohan Mazumdar, Advocate
For the State	: Mrs. Vandana Bharti, Addl. P.P.
For the O.P. No.2	: Mrs. Nitu Sinha, Advocate ------

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Order No.09 Dated- 16.09.2023

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Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pakur Mahila P.S. Case No.02 of 2023 registered under sections 376/ 323/324/341/307/379/506/34 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim on the false promise of marriage. It is further submitted that the allegations against the petitioner are all false and both the petitioner and the victim are major persons and there was a consensual sexual relationship and the petitioner has no intention to cheat at any point of time. It is next submitted that the petitioner undertakes to pay Rs.1,00,000/- to the informant without prejudice to his defence in this case, subject to final decision of the case and the petitioner has given an affidavit to that effect and also undertakes to cooperate with the investigation of the case and also undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the

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above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.1,00,000/- drawn in favour of informant without prejudice to his defence in this case, subject to final decision of the case and on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Pakur in connection with Pakur Mahila P.S. Case No.02 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

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At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the informant in connection with this case.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Imam Sk Alias Aman Sk Alias Amam Shekh Alias Amam Sk v. the State of Jharkhand

Case brief

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What did the court decide?

Imam Sk Alias Aman Sk Alias Amam Shekh Alias Amam Sk v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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