Citation : 2022 Latest Caselaw 4469 Jhar
Judgement Date : 9 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 751 of 2018
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Ram Snehi Yadav @ Snehi Yadav. .......Appellant Versus The State of Jharkhand. .....Respondent
Coram: THE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY THE HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Mahavir Prasad Sinha, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.
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I.A. No. 9888 of 2022 08/9.11.2022 Heard the parties.
Prayer for bail of the appellant was earlier dismissed as not pressed in I.A. No. 11689 of 2019.
Renewing the prayer for bail of the appellant, learned senior counsel for the appellant has drawn the attention of the court to Ext-8, which is the judgment passed in S.T. No.1 of 2012, in which the appellant had been acquitted of the charges of attempting to commit rape upon the victim. It has further been submitted that the victim was examined in the said case as P.W-2 but she did not support the case of the prosecution. The attention of the court was also drawn by the learned senior for the appellant to the evidence of the victim who has been examined as P.W-1 in this case while submitting that in her cross-examination she has admitted about the previous case filed against the appellant and had also stated that when co-accused Narayan Kumar refused to solemnize marriage with her she had lodged the instant case.
Learned A.P.P. has opposed the prayer for bail of the appellant. On consideration of the aforesaid facts, we are inclined to admit the appellant on bail.
Accordingly, the appellant, named above, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned trial court/Additional Sessions Judge-I-cum-Spl.Judge(POCSO), Dhanbad in Special (POCSO) Case No. 67 of 2015.
I.A. No. 9888 of 2022 stands allowed and disposed of.
( Rongon Mukhopadhyay, J)
( Ambuj Nath,J)
Rakesh/-
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