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2026 DAILYLAW 5061 (JHR)

AASMAUL SK v. THE STATE OF JAHRKHAND

B.A./587/2026 · 2026-03-17

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:7776 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 587 of 2026 Aasmaul Sk. Son of Rayesh SK, resident of Village Anjana Idghah Tola, PO Prithivinagar, PS Pakur (M), District Pakur (Jharkhand). … … Petitioner Versus The State of Jharkhand … … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Arun Kumar, Advocate For the State: Mr. Sanjay Kumar Srivastava, A.P.P. ---- 03/17.03.2026 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State. 2. By way of this bail application, the petitioner prays for grant of regular bail in connection with Pakur (Mufassil) Police Station Case No.159 of 2025 corresponding to Sessions Trial No.134 of 2025, registered for offences alleged under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of the Additional Sessions Judge I at Pakur. 3. First Information Report being Pakur (Mufassil) Police Station Case No.159 of 2025 was registered on the basis of written report of the victim wherein she has alleged sexual assault by this petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is inordinate delay of five days in lodging the First Information Report. He submits that the victim after being neglected by her husband, tried to come in contact with the petitioner and when the petitioner refused, he has falsely been implicated in this case. 5. Learned A.P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner. 6. From the petition and from the arguments of the parties, I find that there is direct allegation against the petitioner of committing rape upon the victim by gagging her mouth and use of force. The victim in her re-statement and the witness examined in course of investigation, whose statement is at paragraph 04 of the case diary, has supported the prosecution case. The victim in her statement recorded under Section 183 of the Bharatiya Nagrik Suraksha Sanhita has also supported the case of the prosecution. The victim because of the sexual assault became unconscious also. 7. Considering the above facts and the serious nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the 2026:JHHC:7776 -: 2 :- petitioner, abovenamed, in connection with Pakur (Mufassil) Police Station Case No.159 of 2025 corresponding to Sessions Trial No.134 of 2025, pending in the Court of the Additional Sessions Judge I at Pakur is hereby rejected. 8. This bail application is, accordingly, dismissed. (Ananda Sen, J.) Ranchi Dated 17th March, 2026 Kumar/Cp-03 Uploaded on 20.03.2026