Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:12224] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3114 of 2025
------ Sunil Kachchhap, S/o Sahay Oran, aged about 19 Years, R/o Village- Shivrajpur, P.O.- Shivrajpur & P.S.- Lawalaung, District- Chatra, Jharkhand
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Arun Kr. Pandey, Advocate
For the State
: Ms. Amrita Kumari, Addl.P.P
------
Order No.02 Dated- 24-04-2025
Heard the parties.
The petitioner has been made accused in connection with S.T. Case No.332 of 2024 arising out of Lawalong P.S. Case No.31 of 2024 registered under Section 376 (D) of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed gang rape upon the victim girl. It is submitted that the allegation against the petitioner is false. It is further submitted that there is a delay of four days in lodging the F.I.R. It is further submitted that because of land dispute between the parties, this false case has been foisted against the petitioner. It is next submitted that the petitioner has been in custody since 28.04.2024. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that the delay in lodging the F.I.R. has been explained in the F.I.R. itself as the family members of the informant had gone to some other village to attend a marriage and only after they returned, the victim went to the police station and lodged the F.I.R. It is next submitted that in view of serious nature of allegation against the petitioner, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. It is therefore submitted that the petitioner ought not be released on bail.
Considering the serious nature of allegation against the petitioner as well as his chance of tampering with the evidence, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected.
(Anil Kumar Choudhary, J.) Animesh/