Jharkhand High Court
Karan Prajapati @ Karan Kumar Vidyarthi ... vs The State Of Jharkhand on 6 August, 2025
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 518 of 2024
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Karan Prajapati @ Karan Kumar Vidyarthi @ Karan .... .... Appellant
Versus
The State of Jharkhand .... .... Respondent
CORAM: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
For the Appellant : Mr. Ayush Kumar Verma. Advocate
Mr. Nilesh Kumar, Advocate
For the State : Ms. Lily Sahay, A.P.P.
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08/06.08.2025 I.A. No. 5981 of 2025
The interlocutory application of this appellant filed earlier was withdrawn
vide order dated 21.08.2024 and the appellant has moved another interlocutory
application to release him on bail after suspending the sentence during the pendency
of this appeal.
3. The appellant has been convicted under Sections 376D of IPC in
connection with Special POCSO Case No. 12 of 2020 arising out of Latehar P.S.
Case No. 41/2020, whereby and whereunder he has been sentenced to undergo
rigorous imprisonment for twenty five years and a fine of Rs. 25,000/- for the
offence under Section 376D of IPC and in case of default in payment of fine, further
to undergo R.I. of two years.
4. Heard, the learned Senior counsel for the appellant and learned A.P.P. for
the State and have gone through the impugned judgment, the evidence and the Trial
Court Records.
5. It has been submitted by the learned counsel on behalf of the appellant that
one Abhay Prajapati @ Lallu has been granted benefit of suspension of sentence and
consequently, he has been released on bail vide order dated 07.05.2025 passed in Cr.
Appeal (D.B.) No. 635 of 2024 by the Co-ordinate Bench of this Court. He further
submits that Co-ordinate Bench has arrived at a finding that the rape was not
committed by this appellant as it is the case that this appellant stood as a guard when
the rape was committed.
6. Opportunity was given to the State to oppose the bail, which the State
availed and opposed.
7. Considering the aforesaid facts that the co-accused, Abhay Prajapati has
been enlarged on bail after suspending the sentence by Co-ordinate Bench of this
Court, and the observation of the Co-ordinate Bench, as such, we are inclined to
allow this interlocutory application. Accordingly, upon suspending the sentence, the
appellant, namely, Karan Prajapati @ Karan Kumar Vidyarthi @ Karan is directed to
be released on bail during the pendency of this appeal, on furnishing bail bonds of
Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge (POCSO), Latehar in connection with
Special POCSO Case No. 12 of 2020 arising out of Latehar P.S. Case No. 41/2020
with a condition that the appellant shall appear and mark his attendance before the
Registrar, Civil Court, Latehar once in every four months till the disposal of this
appeal.
8. I.A. No. 5981 of 2025 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Sandeep/Pawan
