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2023 DIGILAW 874 (JHR)

Shekh Nurwa @ Shekh Nurul @ Md. Nurul v. State of Jharkhand

2023-07-13

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending his arrest in connection with Meharma P.S. Case No. 100 of 2022 instituted under Section 376 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. 3. As per the written report of the informant allegation is that on 05.07.2022 at about 07:00 pm when the informant was going to shop, the petitioner came and took her towards field and forcibly committed rape upon her. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Learned counsel for the petitioner has further submitted that both the parties have compromised the matter. Victim is the major girl and she has not stated anything in her statement under Section 164 CrPC about the commission of the sexual intercourse with her. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 6. It appears that there is direct allegation against the petitioner that he had committed rape with the victim-minor girl and charge-sheet has also been submitted against the petitioner for the offence under Sections 376/506 of the Indian Penal Code and Section 04 of the POCSO Act. The alleged compromise has no relevancy in such a heinous and non-compoundable offences. 7. Considering the gravity of offence and surety of punishment and direct involvement of the petitioner in alleged serious offence, I am not inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.