Excerpt
in the high court of jharkhand at ranchi b. a. no. 4977 of 2012 kishlay pratap singh ..... petitioner versus the state of jharkhand .. opposite party -------- coram : honble mr. justice h. c. mishra ------ for the petitioner : mr. sumeet gadodia, advocate for the state : mr. awanikant prasad, a.p.p. ------ 4/ 17.09.2012 heard learned counsel for the petitioner and learned a.p.p. for the prosecution. the petitioner has been made accused for the offences under sections 366, 376/34 of the indian penal code, in connection with dhurwa p.s. case no. 97 of 2012 corresponding to g.r. no. 2594 of 2012. the case relates to gang rape, but from the f.i.r., it appears that the petitioner is not named nor he was apprehended at the spot. learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of confessional statement and he was not put to test identification parade. learned counsel for the petitioner has accordingly prayed for bail. learned a.p.p. for the state has opposed the prayer for bail, but upon going through the case diary has submitted that the petitioner was neither put on test identification parade nor he has been named and there is only confessional statement against this petitioner. in the facts of the case, i am inclined to enlarge the petitioner, kishlay pratap singh, on bail. accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of sri s. a. prasad, learned judicial magistrate, ranchi, or his successor, in connection with dhurwa p.s. case no. 97 of 2012 corresponding to g.r. no. 2594 of 2012. ( h. c. mishra, j.) r.kr.
Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4977 of 2012 Kishlay Pratap Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Sumeet Gadodia, Advocate For the State : Mr. Awanikant Prasad, A.P.P. ------ 4/ 17.09.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 366, 376/34 of the Indian Penal Code, in connection with Dhurwa P.S. Case No. 97 of 2012 corresponding to G.R. No. 2594 of 2012. The case relates to gang rape, but from the F.I.R., it appears that the petitioner is not named nor he was apprehended at the spot. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of confessional statement and he was not put to test identification parade. Learned counsel for the petitioner has accordingly prayed for bail. Learned A.P.P. for the State has opposed the prayer for bail, but upon going through the case diary has submitted that the petitioner was neither put on test identification parade nor he has been named and there is only confessional statement against this petitioner. In the facts of the case, I am inclined to enlarge the petitioner, Kishlay Pratap Singh, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri S. A. Prasad, learned Judicial Magistrate, Ranchi, or his successor, in connection with Dhurwa P.S. Case No. 97 of 2012 corresponding to G.R. No. 2594 of 2012. ( H. C. Mishra, J.) R.Kr.