Ram Sahu vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. K.S. Nanda. Learned counsel for the petitioner has submitted that defect no. 9(i), as per Stamp

Reporting dated 10.07.2020, has 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 Gumla P.S. Case No.

78/2020, corresponding to G.R. No. 248/2020 (S.T. No. 90/2020), for the offence registered under Section 376 I.P.C.

Learned counsel for the petitioner has submitted that as per the F.I.R. the petitioner has established sexual relationship with the informant on pretext

of marriage between 27.10.2019 to 30.10.2019, but the F.I.R. has been lodged on 25.02.2020.

Learned counsel for the petitioner has submitted that victim was working at Tamil Nadu and she came to Gumla after taking leave and both lived in a

rented house as husband and wife for four days and the petitioner did not marry with the girl, as such, the girl has filed the case subsequently though

the girl is a major and was a consenting party, if allegation taken to be true.

Learned counsel for the State, Mr. S.P. Jha Additional Public Prosecutor has opposed the prayer for bail and has submitted that it is a case 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 of materials brought on record, since there is delay in lodging the F.I.R. and both

parties are major, petitioner is in custody since 16.03.2020, 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 Gumla P.S. Case No. 78/2020, corresponding to G.R.

No. 248/2020 (S.T. No. 90/2020) to the satisfaction of learned Additional Sessions Judge-I, Gumla on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Harishankar Sahu, son of Tilaku Sahu, resident of Village - Niani,

P.O. & P.S. - Basia, District - Gumla, Jharkhand who has furnished photocopy of his UID Card bearing number 7361 6128 5611 before this Court in

the bail application.

Office is directed to send the photocopy of UID Card bearing no. 7361 6128 5611 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, Gumla 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.