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2025 DIGILAW 358 (SC)

IJHAR ALAM v. State Of Bihar

2025-01-21

K.V.VISWANATHAN, SANJAY KUMAR, SANJIV KHANNA

body2025
ORDER : 1. Leave granted. 2. By order dated 09.08.2024, while issuing notice in the present appeal by special leave, we had granted interim protection to the appellant, Ijhar Alam. We had also directed that the proceedings under Section 82 of the Code of Criminal Procedure, 1973, shall remain stayed. 3. The case made out by the appellant, Ijhar Alam, is that this is a case of consent. He relies upon the Call Detail Records (CDR) which indicate that there were a numbers of calls made inter se the appellant, Ijhar Alam, and respondent No. 2, the informant/alleged victim. 4. Keeping in view the facts and circumstances of the present case, we accept the present appeal, confirm the interim order and direct that, in the event of the appellant, Ijhar Alam, being arrested in connection with First Information Report No. 268/2023 dated 28.06.2023 registered with Police Station - Raniganj, District Arariya, Bihar, for the offence(s) punishable under Sections 452 and 376 of the Indian Penal Code, 1860, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court. 5. In addition, the appellant, Ijhar Alam, shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973. He shall provide one mobile number on which he can be contacted by the police officers to ascertain his whereabouts while on bail. 6. The appellant, Ijhar Alam, will not get in touch with the informant/victim or her family members. 7. Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed. Proceedings against the appellant, Ijhar Alam, under Section 82 of the Cr.P.C. shall be treated as quashed. 8. We clarify that the observations made in this order are for grant of anticipatory bail and will not be read as an expression of opinion on the merits of the case. 9. Pending application(s), if any, shall stand disposed of.