Bablu Kumar Chouhan @ Nikesh Chouhan @ Nikesh Kumar vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos. 4 and 9(i) to (iii) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner and petitioner is in custody since 15.02.2020.

Considering the same, this Court is inclined to hear the bail application on merit but with condition that petitioner shall remove the defects within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. Randheer Kumar assisted by learned counsel, Ms. Pinki Kumari and learned counsel for the State, Mr. Vineet Kr. Vashistha.

Learned counsel for the petitioner has submitted that petitioner prayed for grant of regular bail in connection with Dugda P.S. Case No.04 of 2020, corresponding to G.R. No.44 of 2020, for the offence registered under Section 376 IPC.

Learned counsel for the petitioner has submitted that it is alleged in the FIR that petitioner being neighbour came in contact with the informant and had established physical relationship on the pretext of marriage for three years and now the petitioner has refused to marry the girl, as such, to pressurize a false case has been instituted against the petitioner even though if the prosecution case is accepted for the sake of argument, the victim is major lady, as such, no case under Section 376 IPC is made out.

Learned counsel for the State has opposed the prayer for bail and has submitted that similar allegation has been made in the statement of the victim recorded under Section 164 Cr.P.C.

After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that parties are major and as per the allegation they are consenting for the last three years and petitioner is in custody since 15.02.2020, as such, petitioner (Bablu Kumar Chouhan @ Nikesh Chouhan @ Nikesh Kumar), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat in connection with Dugda P.S. Case No.04 of 2020, corresponding to G.R. No.44 of 2020, on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Rakesh Chouhan, S/o Rajendra Chouhan, R/o Damoda Colliery, Budhsera, Karmatand, P.O.- Sijua, P.S.- Dugda, District- Bokaro, who has furnished photocopy of his UID Card bearing No.5999 8148 1827 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 5999 8148 1827 of deponent along with 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/sister/brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned 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, Bokaro is directed to medically examine the petitioner at the time of his release and if require, petitioner 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) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.