The petitioner sought bail in a criminal case involving charges of assault and gang rape. The court considered the specific allegation of gang rape and the lack of positive medical findings regarding rape, but declined bail due to the gravity of the charge and expedited the trial.
Bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 644 of 2024
Anil Munda … Petitioner - Versus - The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. Birendra Kumar, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. ---
03/07.03.2024
Heard the parties.
The petitioner has been made accused in connection with S.T. No.173 of 2023, arising out of Kisko P.S. Case No.17 of 2023, for the offences registered under Sections 323, 376D and 506/34 of the Indian Penal Code, pending in the court of Sri Akhilesh Kumar Tiwari, learned Additional Sessions Judge-I, Lohardaga.
On 03.06.2023 at about 4:00 A.M., four unknown persons including the petitioner intercepted the informant and petitioner alongwith coaccused persons are said to have raped her.
Mr. Birendra Kumar, learned counsel appearing on behalf for the petitioner submitted that the victim was medically examined on the next day of the occurrence, but there has been no positive finding that she was raped.
Be that as it may, considering the fact that there is specific allegation against the petitioner of committing gang rape on the victim; I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected.
It was submitted that charge has been framed in this case.
Learned trial court shall expedite the trial.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving charges under Sections 323, 376D and 506/34 of the IPC?
1 provisions across 1 enactments
Anil Munda
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
