Ajhrul Ansari vs State Of Jharkhand And Others

Deepak Roshan, J

A Heard learned counsel for the parties.

The instant application has been preferred by the petitioner for grant of regular bail for the offence registered under Section 366, 376, 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case which is evident from Annexure-2 to the instant application which is an affidavit sworn by O.P. No.2 that they were having a good relation. He further submits that as a matter of fact the alleged victim was having love affair with the petitioner since last several months and after returning from Delhi for the reason best known to her she lodged a complaint case and pursuant to that the petitioner is in custody since 06.03.2023 as such he may be enlarged on bail.

Learned APP for the State opposed the prayer for bail of the petitioner and submits that compromise petition will not help the petitioner since it is an offence under Section 376 IPC.

Having regard to the facts of the case and also the fact that previously notice was issued to the O.P. No.2 which was validly served upon her; however, neither any vakalatnama has been filed nor any counsel is appearing on behalf of the O.P. No.2. It further transpires that the alleged victim sworn an affidavit before the SDO that she has compromised the issue with this petitioner. Looking to the overall facts and circumstances of the case coupled with the allegation made in the FIR and the subsequent development, I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail. The petitioner shall furnish bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Sahibganj, in connection with Barhait P.S. Case No. 23 of 2023.

It is made clear that the bail is granted to the petitioner subject to following conditions:

i) The petitioner shall report to the local police station on 1st Monday of every month till commencement of trial.

ii) The petitioner shall not do any act to threaten the witnesses.

iii) He shall appear on each and every date before the learned trial court.

If any of the condition is not complied, learned trial court would be at liberty to cancel the bail of the petitioner.