The High Court allowed a criminal appeal against the rejection of bail. The court set aside the impugned order and directed the appellant's enlargement on bail by furnishing a bond and sureties.
Impugned order dated 25.02.2022 set aside; appellant directed to be enlarged on bail with a bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1040 of 2022
Arising Out of PS. Case No.-289 Year-2021 Thana- AAJAM NAGAR District- Katihar
======================================================
SAH ALAM @ MD. SAH ALAM Son of Abdul Latif @ Sk. Abdul Latif Resident of village - Korhabari, P.S.- Azam Nagar, District - Katihar
... ... Appellant/s
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Ajit Kumar Singh For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
7 09-11-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellant against the order dated 25.02.2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge, katihar whereby the prayer for bail of the appellant in connection with Azam Nagar PS Case No. 289 of 2021 under Sections 341, 342, 323, 153A, 295A, 363, 406, 365, 368, 376, 493, 498, 504, 506, 120B of the Indian Penal Code and section 3(i)(r)(w), 3(2)(v)(va) of SC/ST Act was rejected.
As per allegation in the FIR, appellant pressurized the
Patna High Court CR. APP (SJ) No.1040 of 2022(7) dt.09-11-2023 2/3
appellant to change her religion and thereafter he attempted to commit rape.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. He has got no criminal antecedent and languishing in judicial custody since 4.12.2021.
The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant and submitted that as per Section 161 Cr.P.C., appellant had established consensual relationship with the informant and informant has accepted that she was in love with the appellant.
Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 25.2.2022 is hereby set aside.
The appellant is directed to be enlarged on bail in connection with Azam Nagar P.S. Case No. 289 of 2021 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1040 of 2022(7) dt.09-11-2023 3/3
the learned 1st Additional Sessions Judge-cum-Special Judge,
Katihar.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether to grant bail to the appellant in proceedings under various sections of the Indian Penal Code.
Sah Alam
The State of Bihar
Sonia Das
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
