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2025 DAILYLAW 11250 (JHR)

SHIVLAL SINGH v. THE STATE OF JHARKHAND

B.A./3441/2025 · 2025-04-30

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12962] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3441 of 2025 ------ Shivlal Singh, aged about 26 years, Son of Late Shivraj Singh, Resident of Village- Dadi Chapar, P.O.- Katam, P.S- Garu, District- Latehar, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajay Kr. Pathak, Advocate For the State : Mr. Satish Prasad, Addl.P.P ------ Order No.02 Dated-30-04-2025 Heard the parties. The petitioner has been made accused in connection with Garu P.S. Case No.24 of 2023 corresponding to G.R. Case No.693 of 2023 registered for the offence punishable under Section 341/342/323/376D/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons committed gang rape upon the victim aged about 51 years. It is next submitted that the allegation against the petitioner is false. It is then submitted that during the trial of the case, the victim has been examined in this case as P.W.1 and though in the T.I. Parade, she identified the petitioner but in the court while being examined as witness, she did not identify the petitioner; rather in para-3 of her deposition, she has categorically stated that she could not recognize the person who committed rape upon her. It is then submitted that the petitioner has been in custody since 10.09.2023 as mentioned in para-7 of the instant bail application. It is further submitted that the petitioner undertakes to co-operate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State opposes the prayer for bail of the petitioner. Considering the facts of this case, the above-named petitioner 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 Additional Sessions Judge-II, Latehar in connection with Garu P.S. Case No.24 of 2023 corresponding to G.R. Case No.693 of 2023 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case. (Anil Kumar Choudhary, J.) Saroj/