Munna Lala vs The State Of Jharkhand
2021 Latest Caselaw 4714 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             I.A. No. 1387 of 2021
                                     In
                   Criminal Appeal (D.B.) No. 1289 of 2018
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          Munna Lala                                 ... ... Appellant
                                   Versus
          The State of Jharkhand                  ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. Indrajit Sinha, Advocate For the Respondent : Ms. Priya Shrestha, Spl. P.P.

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04/09.12.2021 Heard Mr. Indrajit Sinha, learned counsel for the appellant and Ms. Priya Shrestha, learned Spl. P.P. for the respondent.

The prayer for bail of the appellant was earlier rejected in I.A. No. 11121 of 2019 vide order dated 25.02.2020.

It has been submitted by Mr. Indrajit Sinha, learned counsel for the appellant that the appellant has remained in custody for a period of about 03 years 11 months. Learned counsel further submits that the appellant had falsely been implicated at the behest of the father of the informant since the father of the informant was not returning the loan which he had taken from the father of the present appellant. It has further been submitted that so far as the medical report is concerned, which has been marked as Exhibit-5, the same does not indicate with certainty that the victim was subjected to rape. It has further been submitted that save and except the evidence of the victim who has been examined as P.W.1 there is no other evidence which would indicate that the appellant has physically abused the victim Learned Spl. P.P. has opposed the prayer for bail of the appellant.

Although, P.W.1 the victim has supported the allegations levelled against the appellant of committing rape upon her but regard being had to the fact that the appellant has almost completed four years in custody out of a maximum sentence of rigorous imprisonment for 10 years, we

are inclined to grant bail to the appellant during the pendency of this appeal. Accordingly, the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Dhanbad in Special POCSO Case No. 129/2017, arising out of Dhansar P.S. Case No. 280/2017, corresponding to G.R. Case No. 4601/2017, subject to the condition that he shall deposit a fine amount of Rs. 50,000/- as directed by the learned trial court in its judgment dated 12.10.2018.

I.A. No. 1387 of 2021 stands allowed and disposed off.

(Rongon Mukhopadhyay, J.)

(Rajesh Kumar, J.)

Alok/-