Jharkhand High Court
Sharad Kumar Yadav @ Sharad Yadav vs The State Of Jharkhand .... .... Opp. ... on 24 February, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.15328 of 2021
Sharad Kumar Yadav @ Sharad Yadav ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Syed Tafazzul Sajid, Advocate
For the State : Mr. Azeemuddin, A.P.P.
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03/24.02.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
This bail application has been filed on behalf of the above named applicant with prayer to release on bail in connection with Dandai P.S. Case No.54 of 2021 (S.T. Case No.316 of 2021) under Section 376 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-V, Garhwa.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the victim herself with these allegations that on 20.04.2021 at 9 O' Clock of night she was sleeping in the courtyard of her house along with her two children, the accused Sharad Kumar Yadav intruded in her house and he committed rape upon her.
Learned counsel for the applicant has submitted that as per F.I.R. allegations, the occurrence is of 20.04.2021 and the F.I.R. of the same was lodged by the victim herself on 02.07.2021. There is no cogent explanation of inordinate delay in lodging the F.I.R. The victim was major. The applicant has been languishing in jail since 18.08.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that victim has supported the prosecution story in her statement under Section 164 Cr.P.C. So far as the delay in lodging the F.I.R. is concerned, the reason of the same was that her husband was out of station and when he came back to the house, the F.I.R. was lodged.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) Rohit