Jharkhand High Court
Avinash Khandelwal vs The State Of Jharkhand … … Opposite … on 17 April, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:11664
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3461 of 2024
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Avinash Khandelwal, aged about 33 years, son of Raj Kumar
Khandelwal, resident of Anjani Bhawan, Bhawani Path Dindli, Shiv
Mandir Road, P.O. Adityapur, P.S.-Adityapur, Seraikela, Kharsawan,
Jharkhand-831013 ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Indrajit Sinha, Advocate.
: Ms. Ashwini Priya, Advocate
For the State : Mr. Amit Kumar, Advocate
: Mr. Ajay Kumar, Advocate
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12/ 17.04.2025
Heard Mr. Indrajit Sinha, learned counsel for the petitioner
who appears through Video Conferencing and learned counsel for
the State.
2. This anticipatory bail application under Sections 438 and 440
of the Code of Criminal Procedure, 1973 has been preferred by the
petitioner apprehending his arrest for offences registered under
Sections 341, 323, 376(2)(h), 376(2)(n), 504, 506 and 34 of the
Indian Penal Code.
3. As per the allegations made in the FIR, the learned counsel
for the petitioner stated that petitioner is innocent and has been
falsely been implicated in this case by the informant with ulterior
motive and ill intention and both petitioner and informant were
adults and had entered into a consensual relationship.
4. Learned A.P.P. representing the State opposes the prayer for
anticipatory bail.
5. I have gone through the records. The informant came in
contact with the petitioner when her husband left her and shifted
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2025:JHHC:11664
to Germany. Physical relationship was established between them
and the same continued even after the marriage of the petitioner.
Only when she became pregnant, this case has been lodged.
6. Considering the fact that both the petitioner and the
informant were major and the relationship was consensual, I am
inclined to allow this Anticipatory Bail Application. Accordingly, this
Anticipatory Bail Application stands allowed. The petitioner, above
named, is directed to surrender before the learned court below
within four weeks from the date of receipt of copy of this order and
on the event of his surrender or arrest, he shall be released on bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each, to the satisfaction of
learned Chief Judicial Magistrate, Seraikela, in connection with
Adityapur P.S. Case No.107 of 2024, subject to the condition that
one of the bailers should be a close relative of the petitioner and
other should be a resident of State of Jharkhand, having sufficient
landed property in his name or in the name of his ancestors in
which he is having share and to that effect, he has to file an
affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.)
Rashmi/ Cp-2
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