Jharkhand High Court
Dilip Gope vs The State Of Jharkhand .... .... ... on 6 April, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1424 of 2021
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Dilip Gope .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Mohit Prakash, Advocate
For the State : Mr. Praveen Kr. Appu, Addl.P.P
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Order No.02 Dated- 06.04.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Basia P.S. Case No. 103 of 2020 instituted under Sections 376/ 313/420 of the Indian Penal Code and Section 4/6 of POCSO Act and Section 5(2)(3) Medical Termination of Pregnancy Act (MTP Act), the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the victim. It is submitted that the allegation against the petitioner is false. It is jointly submitted by learned counsel for the petitioner and the learned counsel for the informant that the matter has been settled between the parties outside of the court and she does not want to proceed with the case; in this respect learned counsel for the petitioner draws attention of this Court towards the copy of the certified copy of the joint compromise petition filed by the parties in the court of Additional Sessions Judge 1st, Gumla. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned counsel for the informant has no objection with the prayer for anticipatory bail of the petitioner Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Additional Sessions Judge-I-cum-Special Judge, Gumla within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Gumla in connection with Basia P.S. Case No. 103 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Pappu/