Sunder Sardar Alias Sunder Lal Sardar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6093 of 2024

Sundar Sardar @ Sundar Lal Sardar, aged about 35 years, S/o Tudu Sardar, R/o village Patapani, P.O. Chakri, P.S. Kowali, District- East Singhbhum, Jharkhand ..... Petitioner

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Versus

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The State of Jharkhand …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mrs. Bandana Sinha, APP -----

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2/06.08.2024 Heard learned defense counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

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Petitioner is an accused in connection with ST case No. 494 of 2023, arising out of Kowali PS Case No. 24 of 2023, corresponding to GR Case No. 1050 of 2023, registered under sections 363 / 366A of the IPC on 27.04.2023 in the district of Jamshedpur.

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It is submitted on behalf of the petitioner that the gist of the allegations as narrated in the FIR is that the petitioner has allured and enticed the minor daughter of the informant in order to get married with her.

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It is submitted on behalf of the petitioner that the entire allegations are false and fabricated in view of the fact that categorically the victim stated in her statement as recorded by the investigating officer under section 161 of the CrPC during the course of the investigation, where she had stated that there is no allegation of any kind of sexual assault, nor any kind of allurement or enticement as alleged in the FIR against this petitioner, rather she had stated that she willfully and voluntarily accompanied this petitioner, although she is a minor.

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Further, it has been submitted that there is no ingredients against this petitioner for the offence punishable under Sections 363 and 366A of the Indian Penal Code and three of the witnesses, including the mother, father and mama (maternal uncle) has been examined and none of them has supported the ingredients of 363 or 366A of the IPC in order to fasten the guilt of the petitioner thereunder and the petitioner is in jail since 27.04.2023 and therefore, petitioner deserves to be enlarged on bail.

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On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that the victim is a minor and although the trial of the case has commenced, but her evidence is still to be recorded during the course of the trial and therefore, release of the petitioner is not conducive in this case because the possibility of tampering with the evidence cannot be ruled out, but she did not deny this fact that the statement of the victim has been recorded during the course of investigation and she has not supported the case of the prosecution to the extent that she was allured or enticed or having been committed any kind of sexual assault, rather she has stated that she had gone voluntarily and willingly with this petitioner.

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Having heard the parties, perused the record of this case.

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Having taken into consideration the submissions of the learned counsel appearing on behalf of the petitioner, it is found just and fair to enlarge the petitioner on bail.

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Accordingly the petitioner, above named is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Sessions Judge-VII, Jamshepur, in connection with ST case No. 494 of 2023, arising out of Kowali PS Case No. 24 of 2023, corresponding to GR Case No. 1050 of 2023, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the condition that the petitioner will cooperate in the trial of the case and will appear before the learned court below on each and every date as and when required by them, failing which, appropriate order shall be passed by the learned court below for the cancellation of bail as per the provisions of law.

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(Navneet Kumar, J.)

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R.Kumar

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Sunder Sardar Alias Sunder Lal Sardar v. the State of Jharkhand

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Sunder Sardar Alias Sunder Lal Sardar v. the State of Jharkhand

Case brief

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