SUJIT PRAJAPATI ALIAS SUJIT KUMAR PRAJAPATI v. THE STATE OF JHARKHAND
B.A./3020/2025 · 2025-04-16
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9744 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9744 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:11555] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3020 of 2025
------ Sujit Prajapati @ Sujit Kumar Prajapati, aged about 22 years, S/O- Jagu Prajapati, R/O Village- Devgana, P.O. & P.S.- Meral, District- Garhwa, Jharkhand. .... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate Mr. Anurag Kashyap, Advocate
For the State
: Mr. Vineet Kr. Vashistha, Spl.P.P
For the Informant : Mr. Ramesh Kumar, Advocate
Ms. Tanu Kumari, Advocate
------
Order No.02 Dated-16-04-2025
Heard the parties.
The petitioner has been made accused in connection with POCSO Case No.18 of 2025 arising out of Garhwa Mahila P.S. Case No.22 of 2024 registered for the offences punishable under Section 376(2)(n)/323/341/504 of the Indian Penal Code and Sections 4/6 of POCSO Act.
Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim repeatedly and also committed penetrative sexual intercourse. It is next submitted that the allegation against the petitioner is false. It is also submitted that admittedly on the date of the lodging of the FIR, the victim was major lady. It is then submitted that admittedly, there has been continuous physical relationship between them which resulted in the informant becoming pregnant. It is then submitted that there is no allegation against the petitioner that the petitioner had any intention not to marry the informant at the time of establishing physical relationship with the victim; with the promise to marry her. Drawing attention of this court towards para- 15 of the instant Bail Application, learned senior counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner has been in custody since 02.12.2024 as mentioned in para-
14 of the instant bail application. It is also submitted that the petitioner is a student of B.A. It is then submitted that the petitioner is ready to undergo all necessary medical examinations including DNA test to establish his innocence. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner also 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 released on bail.
Learned Spl.P.P. appearing for the State and the learned counsel for the informant oppose the prayer for bail of the petitioner.
Considering the facts of this case, the above-named petitioner is
directed to be enlarged 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 Special Judge, POCSO Act-cum-Additional Sessions Judge-I-cum-FTC (CAW), Garhwa in connection with POCSO Case No.18 of 2025 arising out of Garhwa Mahila P.S. Case No.22 of 2024 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and he will not annoy or disturb the informant in any manner during the trial of the case.
(Anil Kumar Choudhary, J.) Saroj/