High CourtsSingle Bench

Manish Vishwakarma vs State Of Jharkhand

Jharkhand High Court · Decided on 6 January 2021 · Citation: (2021) 01 JH CK 0053

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 376, 341, 342, 506
RESULT
Allowed
CASE NUMBER
Bail Application No. 10448 Of 2020
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Judgment

19 paragraphs · 376 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Dhanwar P.S. case (Ghorthambha O.P.) No. 50 of 2020 instituted under sections 341, 342,

323, 376, 506 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the informant.

It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by the learned counsel

for the petitioner drawing attention of the court to page 15-18 of the brief, which is the copy of the order sheet dt. 21.08.2020 of the court of learned

Judicial Magistrate, Giridih that in the said order, it has been mentioned that the informant filed a petition in the trial court indicating therein that the

petitioner is an electrician and while he was working in the house of the informant, some villagers entered into the house and they became suspicious

and forcibly they got this case instituted by the informant and this fact is also supported by the learned counsel for the informant, Mr. Shree Nivas

Roy. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 12.03.2020 as mentioned in paragraph

1 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner 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 to the satisfaction of learned J.M., 1st

class, Giridih in connection with Dhanwar P.S. case (Ghorthambha O.P.) No. 50 of 2020 subject to the condition that the petitioner will co-operate

with the trial of the case.