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2025 DAILYLAW 12952 (JHR)

NAMAN LOMGA v. THE STATE OF JHARKHAND

B.A./3941/2025 · 2025-06-12

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:15407 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3941 of 2025 ------ Naman Lomga, aged about 40 years, Son of Late Emmanuel Lomga, Resident of Village –Jarkandi, P.O. –Poronger, P.S. – Bandgaon, Dist.-West Singhbhum. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Seema Kumari Singh, Advocate For the State : Mrs. Lily Sahay, Addl. P.P. ------ Order No.02 Dated- 12.06.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Bandgaon P.S. Case No.25 of 2024 corresponding to G.R. No. 60 of 2025 registered for the offences punishable under sections 376/506 of the Indian Penal Code. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the informant at 10:30 P.M. on 12.10.2023. It is further submitted that the allegations against the petitioner are all false. It is then submitted that admittedly this is a second F.I.R. for the selfsame occurrence and there is an unexplained delay of more than one year in lodging the F.I.R. It is further submitted that the Munda of the village in his statement under Section 180 of the B.N.S.S. has stated that except the quarrel between the petitioner and the husband of the informant, nothing happened on 12.10.2023. It is then submitted that the medical examination report of the victim goes to show that there is no sign of recent sexual assault and because of quarrel between the petitioner and the husband of the informant, this false case has been foisted. It is next submitted that the petitioner has been in custody since 18.01.2025, as has been mentioned in paragraph no. 14 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released 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 S.D.J.M., West Singhbhum, Chakradharpur, Chaibasa, in connection with Bandgaon P.S. Case No.25 of 2024 corresponding to G.R. No. 60 of 2025 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/