High CourtsSingle Bench(2023) 07 JH CK 0060

Shiva Ruhidas @ Shiva Ruhidey And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 31 July 2023

HON’BLE JUDGES
Rajesh Kumar, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 5209 Of 2023

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Judgment

9 paragraphs · 224 words

Rajesh Kumar, J

1.

Heard the parties.

2.

The applicants, who are in custody since 16.03.2023, have approached this Court for grant of regular bail in connection with Birsanagar P.S. Case No.29 of 2023 registered for the offence under Sections 376/511 and 34 IPC, pending in the court of J.M.,1st Class, Jamshedpur.

3.

The applicants are accused of committing rape.

4.

It has been submitted by the counsel for the applicant(s) that complete set of FIR/ Complaint Case along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

5.

Innocence has been claimed and participation in the trial has been assured. It has been submitted that applicants have falsely been implicated in the present case. On the above facts, prayer for bail has been made.

6.

On the other hand, learned A.P.P. has opposed the prayer for bail and it has been submitted that the victim has supported the allegation as alleged in her statement made under Section 164 Cr.P.C. Further, cognizance has already been taken.

7.

Considering the materials available on record, I am not inclined to enlarge the applicant (s) on bail at this stage. Accordingly, the prayer for bail of the applicant(s) stands rejected.

8.

However, the applicants are at liberty to renew their prayer for bail after examination of the victim.