RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 24:
Heard the parties.
The appellant has preferred this appeal being aggrieved by the order dated 29.07.2025, passed by the learned Special Judge, SC/ST Act, Godda in connection with Misc. Cr. Application No. 693 of 2025 arising out of Thakurgangti P.S. Case No. 23 of 2025 registered for the offence punishable under section 69/89/351(3)/352/3 (5) of the B.N.S., 2023 and under Sections 3(1) (r)/ 3 (1) (s) and 3(1) (w) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 whereby and where under, the prayer for regular bail of the appellant has been rejected.
The learned counsel for the appellant submits that the allegation against the appellant is that the appellant indulged in sexual intercourse by applying deceitful means and caused miscarriage without the consent of the victim and other offences including abusing the informant-victim who is a member of scheduled caste by her caste name in a place within pubic view and intentionally touched the victim belonging to scheduled caste knowing that she belongs to scheduled caste and such act of touching is of a sexual nature without the recipients consent. It is next submitted that the allegation against the appellant are all false and the informant-victim in the trial of the case as P.W.3 in SC/ST Case No. 17 of 2025 has categorically stated that the appellant never made any false promise of marriage to her nor he established relationship with her as also no miscarriage of her was done and the appellant never insulted her by taking her caste name and she was not examined by the police. It is further submitted that even though the informant-victim was declared hostile and the prosecution put leading questions to her but she denied the same. It is next submitted that in view of the categorical admission of the victim of no offence having been committed by the appellant, the appellant deserves to be enlarged on bail. Hence, it is submitted that the impugned order dated order dated 29.07.2025, passed by the learned Special Judge, SC/ST Act, Godda be set aside and the appellant be enlarged on bail.
The learned Addl. P.P. and the learned counsel for the respondent no.2 opposes the prayer for bail.
Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the undisputed fact remains that the informantvictim in her deposition during the trial has not supported the case of the prosecution rather she gave clean chit to the appellant. In view of this fact, this Court is of the considered view that there is no justifiable reason to make the appellant continue in custody anymore during the trial of the case. Hence, the impugned order dated 29.07.2025, passed by the learned Special Judge, SC/ST Act, Godda in connection with Misc. Cr. Application No. 693 of 2025 arising out of Thakurgangti P.S. Case No. 23 of 2025 being not sustainable in law is set aside and the appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST Act, Godda, in connection with in connection with Misc. Cr. Application No. 693 of 2025 arising out of Thakurgangti P.S. Case No. 23 of 2025 with the condition that the petitioner will cooperate with the trial of the case and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the trial of the case.
Disclaimer: Curated by HT Syndication.
