Citation : 2026 Latest Caselaw 3068 Jhar
Judgement Date : 15 April, 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 219 of 2022
Krishna Sardar ... Appellant
Versus
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Appellant : Mrs. Ritu Kumar, Advocate For the State : APP
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09/15.04.2026 I.A. (Cr.) No. 2199 of 2026 Heard Mrs. Ritu Kumar, the learned counsel for the appellant and the learned A.P.P. The prayer for bail of the appellant was earlier rejected in I.A. No. 2279 of 2022. Subsequent thereto, the appellant had once again moved for grant of bail in I.A. No.5390 of 2025 which was dismissed as withdrawn vide order dated 17.06.2025.
It has been submitted by the learned counsel for the appellant that the appellant is in custody since 05.01.2020 and has completed more than half of the sentence of 10 years RI imposed upon him under section 376 of the Indian Penal Code. It has further been submitted, while referring to the evidence of the informant who has been examined as PW-6, that he has stated of previous enmity with the appellant and in fact, at the time of the incident five members of the appellant were in his house when the alleged incident of rape was said to have been committed. Learned counsel further submits that so far as the FSL report is concerned, it has not been ascertained that it was the appellant who was instrumental in committing rape upon the victim and the medical report does not also suggest so.
Learned A.P.P. has opposed the prayer for bail of the appellant. Regard being had to the evidence of PW-6 as well as the fact that the appellant has remained in custody for more than six years, we are inclined to admit the appellant on bail. Accordingly, during the pendency of this appeal, the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge-II, Seraikella-Kharsawan in Sessions Trial No. 54 of 2020.
I.A. stands disposed of.
(RONGON MUKHOPADHYAY, J.)
(PRADEEP KUMAR SRIVASTAVA, J.) 15.04.2026 S.B. Uploaded on 17.04.2026
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