Advocates:
['ANJANI KUMAR', 'VINEET KUMAR VASHISTHA', '', 'VISHAL KUMAR TIWARY', 'SUNITA KUMARI']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Appeal (S.J.) No. 546 of 2022

....

Mukesh Sharma @ Mukesh Kumar Sharma

.…

Appellant

Versus

1. The State of Jharkhand

2. Jasmin Laguri

.... Respondents

....

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Appellant

: Mr. Anjani Kumar, Adv.

For the State

: Mr. V.K.Vashistha, APP

For the Victim

: Mr. Aashish Kumar, Adv.

....

05/21.09.2022

Heard learned counsel for the appellant and learned counsel for the State as well

as learned counsel for the victim.

The present appeal has been filed under Section 14A (2) of the Scheduled

Castes/Scheduled Tribes (Prevention of Atrocities) Act.

The appellant who is in custody since 24.07.2021 has approached this Court for

grant of regular bail against the order dated 17.05.2022 passed by the learned Addl.

Sessions Judge-I-cum-Spl. Judge, SC/ST Act, West Singhbhum at Chaibasa in Misc.

Criminal Application No.25 of 2022 arising out of Jagannathpur P.S. Case No.12 of 2020

corresponding to SC/ST Case No.24 of 2019, registered for the offence under Sections

376/ 323/ 120(B)/34 of IPC and Section 3 (XII) of the SC/ST (PoA) Act by which prayer

for bail of the appellant has been rejected.

Innocence has been claimed and undertaking has been given that the appellant

will participate in the trial. It has been submitted by learned counsel for the appellant that

the investigation is complete.

It appears that the applicant and victim were in live-in relationship since 2014.

They have been blessed with a female child also in the year 2016. They have remained in

relationship till 2019 thereafter this applicant has parted away and has refused to marry.

On the other hand, learned APP and learned counsel for the victim has opposed

the prayer for bail of the appellant.

Considering the nature of allegation, period of relationship and the fact that

investigation is complete, the appellant, above named, 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 learned Addl. Sessions Judge-I-cum-Spl. Judge, SC/STAct,

West Singhbhum at Chaibasa in Misc. Criminal Application No.25 of 2022 arising out of

Jagannathpur P.S. Case No.12 of 2020 corresponding to SC/ST Case No.24 of 2019

subject to condition that the appellant will submit self-attested photocopy of his Aadhar

Card and also submit his mobile number before the learned court below which he will

always keep active and will not change it during pendency of this case without prior

permission of the court.

Accordingly, instant criminal appeal is allowed.

(Rajesh Kumar, J.)

Shahid/