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2025 DAILYLAW 17040 (JHR)

SONA PRASAD GUPTA v. THE STATE OF JHARKHAND

B.A./5749/2025 · 2025-07-15

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:19218 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5749 of 2025 ------ Sona Prasad Gupta, aged about 29 years, son of Rajendra Pasad Gupta @ Rajendra Sao, resident of Village-Khonhar, P.O.+P.S.-Ketar, Dist.-Garhwa … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gopal K. Sinha, Advocate : Mr. Vaibhav Joshi, Advocate : Ms. Priyanka Boby, Advocate : Mr. Divyansh Krishna, Advocate : Mr. Chanchal Chhaya, Advocate For the State : Mr. Praful Jojo, Addl. P.P. For the Informant : Mr. Sanjay Kr. Pandey 2, Advocate ------ Order No.02 Dated- 15.07.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Ketar P.S. Case No.84 of 2024 registered for the offences punishable under sections 64(i)/352/351(2)/3(5) of the B.N.S., 2023. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed rape upon the victim. It is further submitted that the allegations against the petitioner are all false and admittedly, this is a case of voluntary physical relationship between two adults being the petitioner and the informant and which was going on for about one and half years. It is also submitted that the petitioner and the victim are married to different persons and at best it is a case of consensual sexual relationship. It is then submitted that the petitioner has been in custody since 06.05.2025, as has been mentioned in paragraph no. 01 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. and the learned counsel for the informant 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 J.M. 1st Class, Nagar Untari, Garhwa, in connection with Ketar P.S. Case No.84 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/