Sona Yadav (Aged About 29 Years) vs The State Of Jharkhand
2023 Latest Caselaw 3448 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                   Criminal Appeal (D.B.) No. 1331 of 2022

Sona Yadav (aged about 29 years), son of Rudo Gope, resident of Kailatand,
P.O. + P.S.-Saria, District-Giridih                   ...     Appellant
                                    Versus
The State of Jharkhand                                   ...   Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant : Mr. Abhijeet Kumar, Advocate For the Respondent : Mr. Shailendra Kumar Tiwari, Spl. PP

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Order No.05/ Dated: 11th September 2023 I.A. No. 6864 of 2023 The applicant has filed Criminal Appeal (D.B.) No. 1331 of 2022 to challenge the judgment of conviction under Section 376 of the Indian Penal Code recorded against him in S.T. No. 502 of 2019.

2. I.A. No. 6864 of 2023 has been filed for grant of bail during the pendency of this appeal.

3. Mr. Abhijeet Kumar, learned counsel for the applicant submits that the applicant is in judicial custody since 17th July 2019.

4. Mr. Shailendra Kumar Tiwari, the learned Spl. PP. raises an objection to this application for suspension of sentence.

5. In the trial, the prosecution examined nine witnesses in support of the charge against the applicant framed under Section 376 of the Indian Penal Code. The victim has tendered evidence in the Court in support of the occurrence.

6. Mr. Shailendra Kumar Tiwari, the learned Spl. PP. submits that the testimony of the victim in the Court is in tune with her statement made before the Magistrate under section 164 of the Code of Criminal Procedure.

7. As P.W. 8, Dr. Indrajeet Kumar who clinically examined the victim girl found no external injury on her person. He has rendered an opinion that it was difficult to say whether sexual offence has been committed upon the victim girl.

8. The learned counsel for the applicant submits that the victim girl is an elderly woman aged about 35 years whereas the applicant is only about 29

years of age who is married and has two minor children.

9. Having regard to the facts and circumstances of this case, the appellant is directed to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with S.T. No. 502 of 2019, on the conditions that:

(i) he shall furnish his present address supported by his Aadhar Card and give his contact number to the Investigating Officer, and

(ii) whenever this criminal appeal is called out for hearing, the applicant shall remain physically present or represented through his authorized counsel failing which it shall be opened to the learned Spl. PP. to file application for recall of the order.

10. Accordingly, I.A. No. 6864 of 2023 is disposed of.

11. Let a copy of this order be communicated to the Court concerned and the concerned Jail Superintendent through Fax.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Binit