Ajay Mukharjee vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rajesh Kumar. Learned counsel for the petitioner has submitted that defect nos. 9(i) & (ii), as per

Stamp Reporting dated 13.07.2020, have not been removed, which he undertakes to remove within 30 days after the lock down period is over and the

bail application may be heard, as it is a regular bail application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Namkum P.S. Case No.

72/2020 (S.T. No. 205/2020), for the offence registered under Section 376 I.P.C.

Learned counsel for the petitioner has submitted that it is alleged in the first information report that from 2013, physical relationship has been

established between the petitioner and the informant on false pretext of marriage.

Learned counsel for the petitioner has submitted that both the parties are major and it is alleged that husband of the informant was suffering from

cancer, as such, this petitioner was assuring her that he will solemnize marriage with her after death of her husband and made sexual relation with her,

but later on the petitioner refused to marry with the informant.

Learned counsel for the petitioner has submitted that consensual relationship established between two major persons and petitioner is in custody since

18.03.2020, as such, he may be enlarged on bail.

Learned counsel for the State, Mrs, Rubi Pandey Additional Public Prosecutor has opposed the prayer for bail and has submitted that it is the case of

ill-fate of the victim lady which made her victim of circumstances though this case is under Section 376 I.P.C., as such, petitioner may not be enlarged

on bail.

After hearing the learned counsel for the parties and on the basis materials brought on record, since there is an inordinate delay in lodging the F.I.R.

and both parties are major, the petitioner is in custody since 18.03.2020, as such, he is directed to be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each in connection with Namkum P.S. Case No. 72/2020 (S.T. No.

205/2020) to the satisfaction of learned A.J.C.-I, Ranchi on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Ravi Kumar Mukherjee, son of Ajit Kumar Mukherjee, resident of

Near Hanuman Mandir, Bargawan, Tea Garden, P.O. & P.S. - Namkum, District - Ranchi, who has furnished photocopy of his UID Card bearing

number 6418 6167 8101 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 6418 6167 8101 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the trial court shall cancel the

bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Ranchi is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.