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2025 DAILYLAW 13348 (JHR)

SUKHLAL MACHHUWA ALIAS SUKHLAL MACHHUA v. THE STATE OF JHARKHAND

B.A./4163/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:15542 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4163 of 2025 ------ Sukhlal Machhuwa @ Sukhlal Machhua, aged about 32 years, S/o Arjun Machhuwa, R/o –Asura, Tola –Pondeyadih, P.S. – Jhinkpani, Dist –West Singhbhum, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Soumitra Baroi, Advocate : Mr. Rajesh Kumar No.2, Advocate For the State : Mr. Suraj Deo Munda, Addl. P.P. ------ Order No.02 Dated- 13.06.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with S.T. Case No. 347 of 2024 corresponding to G.R. Case No. 250 of 2024 arising out of Jhinkipani P.S. Case No.28 of 2024 registered for the offences punishable under sections 376(D)/506 of the Indian Penal Code. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed gang rape upon the prosecutrix. It is further submitted that the allegations against the petitioner are all false. It is then submitted that during the trial, the prosecutrix has been examined as P.W.1 in S.T. Case No. 347 of 2024 and she has not supported the case of the prosecution and she has been declared hostile and during her deposition, the P.W.1 did not identify the petitioner in court nor stated anything to incriminate him in this case. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.14 of the bail application. It is then submitted that the petitioner has been in custody since 08.07.2024, as has been mentioned in paragraph no. 11 of the bail application. It is next 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 or the witnesses of the case 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 abovenamed 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 Additional Sessions Judge-III, West Singhbhum, Chaibasa, in connection with S.T. Case No. 347 of 2024 corresponding to G.R. Case No. 250 of 2024 arising out of Jhinkipani P.S. Case No.28 of 2024 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, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/