Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2925 of 2024
------ Ashutosh Kunwar aged about 27 years, S/o Late Chetan Kunwar, Resident of Village-Darighat, Madhuchak, P.O. + P.S.-Mahagama, District-Godda.
.... .... …. 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. SP Roy, Advocate
: Mr. Ranjit Kumar, Advocate
For the State
: Mr. V.K. Vashishta, Spl.P.P.
For the informant : Ms. Kabisha Goenka, Advocate
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Order No.05 Dated- 04/02/2025
Heard the parties.
Apprehending his arrest in connection with Mahagama P.S. Case No.18 of 2024 instituted under Section 376 of the Indian Penal Code and under Section 4 of POCSO Act, 2012, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape and penetrated sexual assault upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is jointly submitted by the learned counsels for the petitioner and the victim drawing attention of this Court towards page-15 of the brief which is the copy of the certified copy of the petition filed by the informant/victim in the Court of Additional Sessions Judge, Godda in A.B.P. No.116 of 2024, that the victim and the petitioner have compromised the case and the victim has no grievance against the petitioner. It is next submitted that the petitioner has not done anything wrong with the alleged victim. It is next submitted that the petitioner has solemnized marriage with the victim. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-17 of this anticipatory bail application. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and he further undertakes that he will not annoy or disturb the
informant-victim in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Spl.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 below 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 District and Additional Sessions Judge-1, Godda in connection with Mahagama P.S. Case No.18 of 2024 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 he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/