High CourtsSingle Bench(2023) 09 JH CK 0025

Monu Pandey @ Abhay Pandey @ Abhay Kr. Pandey vs State Of Jharkhand

Jharkhand High Court · Decided on 13 September 2023

HON’BLE JUDGES
Deepak Roshan, J
CASE NUMBER
Bail Application No. 7736 Of 2023

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Judgment

7 paragraphs · 287 words

Deepak Roshan, J

1.

Heard learned counsel for the parties.

2.

The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 376, 366 of the IPC

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Though in the FIR the informant has alleged that the petitioner is instrumental in taking her away on the ground of marriage, however later on he refused to marry and made physical relationship forcefully with the alleged victim. Surprisingly, another statement has been made on 31.05.2023 by clarifying the FIR to the extent that the informant herself and by her own free will went with the petitioner as her original marriage was against her will. Learned counsel further submits that this clearly shows that the petitioner has been falsely implicated in this case.

4.

Learned A.P.P. opposed the prayer for bail.

5.

Having regard to the facts and circumstances of the case, and the statement made by the victim appears to be contradictory, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M 1st Class, Hazaribagh, in connection with Barhi P.S.Case No. 254 of 2023.

6.

It is made clear that till commencement of trial the petitioner shall report to the local police station every month and after commencement of trial he shall appear on each and every date before the learned trial court, failing which learned trial court shall be at liberty to cancel the bail of the petitioner.