IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Rahul Kumar Singh S/o Late Sitaram Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No. 11050 of 2024
1. It appears from the counter affidavit filed on behalf of the State on 29.01.2025 that notice of this case has been served upon one Rekha Choudhary i.e. the mother of the opposite party no. 2 namely Agni Shikha Choudhary. It has also been stated in the counter affidavit that mother of the opposite party no. 2 did not provide the mobile number and address of the opposite party no. 2, but has stated that she will inform her daughter i.e opposite party no. 2.
2. However, when the case is called, none appears on behalf of the opposite party no. 2 even today. It also appears that notice had earlier issued to the opposite party no. 2 and postal receipt has given endorsement that “addressee left without instruction.”
3. Thus, it appears that opposite party no. 2 is not interested to pursue the case as she has not appeared even today and as such, the case is being heard.
4. Heard learned counsel for the petitioner and learned counsel for the State.
5. The instant I.A. No. 11050 of 2024 has been filed on behalf of the petitioner for grant of bail during pendency of the present Criminal Revision.
6. The present Criminal Revision has been filed by
The court grants bail to the petitioner during the pendency of a criminal revision due to lack of serious allegations and confinement factors.
Provisional bail can be granted where the accused has been in custody for an extended period, especially in cases involving personal relationships and absence of the complainant, balancing personal l....
Matrimonial disputes invoking IPC Sections 498(A) and 494 require careful consideration of evidence and circumstances for bail applications.
Court considerations for bail include the duration of custody and the gravity of allegations, emphasizing that prolonged detention can warrant bail even in serious cases.
The court granted provisional bail to the petitioner based on the circumstances of the case and custody status, requiring a deposit of Rs. 1,00,000/- as a condition.
The court granted bail to the petitioner considering the lengthy custody and absence of the complainant, emphasizing the need for the complainant's presence in court.
Mediation is encouraged in matrimonial disputes, with courts considering custody time and readiness to settle when evaluating bail applications.
The court condoned a 588-day delay in filing a Criminal Revision under the Limitation Act due to the petitioner's custody and financial constraints, emphasizing leniency in such circumstances.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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