Sandeep Kumar Gupta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Sandeep Kumar Gupta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court below within four weeks and, on surrender, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Deoghar in connection with Sarwan P.S. Case No. 35 of 2024, subject to conditions under Section 438(2) of the Code of Criminal Procedure, 1973.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sarwan P.S. Case No. 35 of 2024 for allegedly sexually exploiting the informant on the pretext of marriage, is entitled to anticipatory bail.

Court's answer

The informant is a major lady who had developed a relationship with the petitioner, and the tenor of the First Information Report clearly reveals that physical intimacy was established on account of such relationship.

Ratio / Principle

Anticipatory bail extended to the petitioner: he is directed to surrender before the learned court below within four weeks and, on surrender, to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Deoghar in connection with Sarwan P.S. Case No. 35 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Detailed headnote1 paragraphs

Anticipatory bail – Petition under Section 438 CrPC apprehending arrest in Sarwan P.S. Case No. 35 of 2024 (Deoghar) for alleged sexual exploitation of the informant on the pretext of marriage over about four years – Court observed that the informant is a major lady who had developed a relationship with the petitioner and that the tenor of the First Information Report clearly reveals that physical intimacy was established on account of such relationship – Application allowed; petitioner directed to surrender within four weeks and to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Deoghar, subject to conditions under Section 438(2) of the Code of Criminal Procedure, 1973.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4481 of 2024

Sandeep Kumar Gupta … … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

------- For the Petitioner : Mr. Mahesh Tewari, Adv. For the State : Mr. Gautam Rakesh, A.P.P For the informant : Mr. Niranjan Kumar, Adv. -------

08/18.09.2024 Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. Gautam Rakesh, learned A.P.P. assisted by Mr. Niranjan Kumar, learned counsel for the informant.

The petitioner apprehends his arrest in connection with Sarwan P.S. Case No. 35 of 2024.

It has been alleged that the informant and the petitioner had come to know each other about 4 years back and on the pretext of marriage petitioner had sexually exploited the informant.

Submission has been advanced by learned counsel for the petitioner that the informant is aged about 23 years. It has been submitted that the relationship continued for four years and the informant had consented to the sexual overtures made by the petitioner.

Learned A.P.P as well as learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioner.

It appears that the informant is a major lady who had developed relationship with the petitioner and the tenor of the First Information Report clearly reveals that on account of such relationship physical intimacy was also established.

In view of the aforesaid therefore, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court below within a period of four weeks and on his

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surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Deoghar in connection with Sarwan P.S. Case No. 35 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application stands allowed.

(Rongon Mukhopadhyay, J.)

Shamim/-