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Ruhul Sk @ Rahul Sk vs State Of Jharkhand

Jharkhand High Court · Decided on 2 November 2023 · Citation: (2023) 11 JH CK 0014

HON’BLE JUDGES
Deepak Roshan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376
CASE NUMBER
Bail Application No. 8491 Of 2023
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Judgment

11 paragraphs · 388 words

Deepak Roshan, J

1.

Heard learned counsel for the parties.

2.

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

3.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only for the reason that initially he agreed for marriage with the informant however subsequently he refused to marry her. He further referred to the allegation made in the FIR and submits that the allegation clearly indicates that initially the petitioner made request for marriage which was accepted by the informant and pursuant to that they developed physical relation also and after about 6 months the petitioner took a loan of Rs.25,000/- from the informant and after that the petitioner started restricting his encounter with the informant and finally refused to marry her and pursuant to that FIR has been lodged. Learned counsel lastly submits that the entire allegation made in the FIR clearly indicates that at best it can be a case of fraud but no offence under Section 376 IPC is made out and the petitioner is in custody since 18.07.2023; as such petitioner may be enlarged on bail.

4.

Learned APP for the State opposed the prayer for bail of the petitioner.

5.

Having regard to the facts of the case and the allegation made in the FIR coupled with the fact that the chargesheet has been submitted in this case, 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 SDJM, Pakur, in connection with Pakur (M) P.S. Case No. 111 of 2023.

6.

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.