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2025 DAILYLAW 16993 (JHR)

SUJEET BIRUA v. THE STATE OF JHARKHAND

B.A./5562/2025 · 2025-07-09

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:18614 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5562 of 2025 ------ Sujeet Birua, aged about 29 years, Son of Nazir Birua, Resident of Village –Bara Jaipur, P.O. –Bara Jaipur, P.S. – Muffasil, 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 : Mr. Sardhu Mahto, Addl. P.P. ------ Order No.02 Dated- 09.07.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with S.T. Case No. 105 of 2025 arising out of Chakradharpur P.S. Case No.147 of 2024 corresponding to G.R. Case No. 55 of 2025 registered for the offences punishable under sections 64(1) & 64(2)(m) of the of the B.N.S., 2023 and under Section 67 and 67A of the Information Technology Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the prosecutrix after assaulting and threatening her and captured the pictures of rape and made the same viral in the social media. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has been in custody since 11.02.2025, as has been mentioned in paragraph no. 16 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that keeping in view the serious nature of allegation against the petitioner of committing rape upon the prosecutrix after assaulting and threatening her and making the picture of rape upon the victim viral in social media, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Considering the serious nature of allegation against the petitioner of committing rape upon the prosecutrix after assaulting and threatening her and making the picture of rape upon the victim viral in social media and the chance of his absconding and tampering with the evidence, this Court is of the considered view that this is not a fit case where the above-named petitioner be admitted to bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Sonu-Gunjan/