Advocates:
['INDRAJIT SINHA', '', 'AWINASH KUMAR', 'ANKIT VISHAL', 'AJAY KUMAR SAH', 'SANJAY KUMAR SRIVASTAVA', '', 'ANURAG KASHYAP', 'SUPRIYA DAYAL']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.3506 of 2020

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Vishal Pratap Singh

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Petitioner

Versus

The State of Jharkhand

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.... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner

: Mr. Indrajit Sinha, Advocate

For the State

: Mr. Sanjay Kr. Srivastava, Addl.P.P

For the Informant

: Mr. A. K. Kashyap, Sr. Advocate

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Order No.03 Dated- 05.08.2021

Heard the parties through video conferencing.

Apprehending his arrest in connection with Telco P.S. Case No.78 of

2020 instituted under Sections 376 of the Indian Penal Code, the petitioner

has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the

allegation against the petitioner is that the petitioner established physical

relationship with the informant/victim girl on the false pretext of marriage

and now threatening her. It is submitted that the allegation against the

petitioner is false. It is next submitted that admittedly the victim is a major

girl as she disclosed her age to be 19 years in her statement recorded under

Section 164 Cr.P.C. and hence, at best, it is a case of consensual sexual

relationship between two adult persons. It is further submitted that the

petitioner undertakes that he will not disturb or annoy the victim in any

manner nor will he go to or near the house of the victim nor will he send any

message to the victim during the pendency of the case. It is lastly submitted

that the petitioner is ready and willing to co-operate with the investigation of

the case and to pay ad interim victim compensation of Rs.2,00,000/- without

prejudice to his defence in this case in favour of the informant subject to final

decision of the case. Hence, it is submitted that the petitioner be given the

privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned

senior counsel for the informant oppose the prayer for anticipatory bail of the

petitioner.

Considering the submissions of learned counsels and the facts and

circumstances stated above, I am inclined to grant privileges of anticipatory

bail to the petitioner. Accordingly, the petitioner is directed to surrender in

the Court of learned J.M.-1^st Class, Jamshedpur within twelve weeks from

today and in the event of his arrest or surrendering, he will be enlarged on

bail on depositing a demand draft of Rs.2,00,000/- as ad interim victim

compensation without prejudice to his defence in this case drawn in favour

of the informant of this case and on furnishing bail bond of Rs.25,000/-

(Twenty five thousand) with two sureties of the like amount to the

satisfaction of learned J.M.-1^st Class, Jamshedpur in connection with Telco

P.S. Case No.78 of 2020 with the condition that he will co-operate with the

investigation of the case and appear before the investigating officer as and

when noticed by him and furnish his mobile number and photocopy of the

Aadhar Card with an undertaking that he will not change his mobile

number during the pendency of case and he will not disturb or annoy the

victim in any manner nor will he go to or near the house of the victim nor

will he send any message to the victim during the pendency of the case and

subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure.

In case the petitioner deposits the said demand draft, the court below

is directed to issue notice to the informant of this case and on her proper

identification, the court below shall handover the same to her forthwith.

In case the petitioner pays Rs.2,00,000/- to the informant of this case,

learned court below will pass an appropriate order regarding the same at the

time of conclusion of trial.