Md. Shahid Afridi @ Sahid Afridi v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Praveen Shankar Dayal, Advocate : Mr. V.K. Vashistha, A.P.P. -------- For the Petitioner For the State 02/02.02.2022 Heard learned counsel for the applicant and learned A.P.P. for the State. Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week. This bail application has been filed on behalf of the applicant– Md. Shahid Afridi @ Sahid Afridi with prayer to release on bail in connection with Rajrappa P.S. Case No.118 of 2021 registered under Sections 448/323/366 of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate, Ramgarh. Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the father of the victim with the allegations that on the fateful day, the accused-applicant had intruded in the bathroom of his house, wherein his daughter was taking bath and he was apprehended by the wife of the informant, who apprised to the informant and saw the accused scuffling with his wife and he fled away from there taking his daughter along with him. Learned counsel for the applicant has submitted that as per F.I.R. allegations, the victim was major aged about 21 years old. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she had called the applicant on mobile phone and accompanied him, as such, the victim was consenting party. The applicant has been languishing in jail since 09.09.2021 having no criminal antecedent. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant. In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case. Rohit (Subhash Chand, J.)