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2026 DAILYLAW 4616 (JHR)

MD ESHA v. THE STATE OF JHARKHAND

B.A./987/2026 · 2026-02-27

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:5852 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 987 of 2026 ------ Md. Esha, aged about 65 years, son of Md. Wahab Sah, resident of Village-Chaikhund, P.O.-Chaikalan, P.S.- Chaikalan, Dist.-Hazaribagh, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pratik Sen, Advocate For the State : Mr. Santosh Kr. Shukla, Addl. P.P. ------ Order No.02 Dated- 27.02.2026 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Chatra Sadar P.S. Case No.349 of 2025 registered for the offences punishable under sections 74/64/3(5) of the B.N.S., 2023 and under Section 3/4 of Prevention of Witch (Daain) Practices Act. 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 outraged the modesty of the prosecutrix and committed rape. It is then submitted that in the FIR the allegation of rape is against Aalam and the only allegation against the petitioner is that he outraged the modesty of the informant. It is further submitted that the allegations against the petitioner are all false and it is evident from the rejection of the order of the bail application of the petitioner dated 03.01.2026 passed in B.P. No. 789 of 2025 by the learned Additional Sessions Judge-II, Chatra that the public prosecutor did not oppose the prayer for bail in view of the affidavit produced by the victim-prosecutrix giving the clean chit to the petitioner. It is also submitted that the victim is a major lady of 25 years and so far, no witness has been examined during the trial. It is next submitted that charge has been framed in this case and the petitioner is a senior citizen aged about 65 years. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.13 of the bail application. It is then submitted that the petitioner has been in custody since 07.11.2025, 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. 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 C.J.M., Chatra, in connection with Chatra Sadar P.S. Case No.349 of 2025 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.) 27.02.2026 Gunjan-