Irshad Kuraishi @ Irshad QuraishiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.1063 of 2025
                   Arising Out of PS. Case No.-57 Year-2024 Thana- MAHILA P.S District- West Champaran
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                  Irshad Kuraishi @ Irshad Quraishi Son of Mobarak Quraishi @ Mubarak
                  Kuraishi Resident of village -Chhavani @ Chhawani Ward no 05, PS- Bettiah
                  Kali Bhag O.P, District -West champaran

                                                                                    ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    XXX D/O Late Mohan @ Suresh Ram R/O Vill.- Chhavani, Harijan Tola,
                  Ward no. 3, P.S.- Manuwapul, Dist.- West Champaran. At Present
                  Manuwapul, P.S.- Manuwapul, Dist.- West Champaran

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Sujeet Kumar, Advocate
                  For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

14   18-04-2026                      Despite valid service of notice, no one appears on

                    behalf of the Respondent No. 2.

                                 2. Heard Mr. Sujeet Kumar, learned counsel for the

                    appellant as well as Mr. Sadanand Paswan, learned Spl.P.P. for

                    the State.

                                 3. This is an appeal under Sections 14(A)(2) against

                    refusal of the prayer for regular bail by order dated 23.01.2025

                    passed by the learned Court of Additional District & Sessions

                    Judge-I-cum-Special Judge, SC/ST, Bettiah, West Champaran in

                    connection with Bettiah Mahila P.S. Case No. 57 of 2024, F.I.R.

                    dated 26.11.2024 registered under Sections 70(1) and 3(5) of the

                    BNS, 2023 and Sections 3(2)(va) of the Scheduled Castes and
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          Scheduled Tribes Act (Prevention of Atrocities) Act.

                       4. According to the prosecution case, this appellant

          along with other accused persons have committed rape upon the

          victim.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. The allegation as alleged in the FIR is false and

          fabricated and the appellant has not committed any offence as

          alleged in the FIR. He further submits that there is specific

          allegation against the appellant that he has committed rape upon

          the victim. He further submits that the trial has begun and the

          victim has been examined as P.W-1 and she has not supported

          the case of the prosecution and has stated that no such

          occurrence has taken place and she has become hostile. The

          appellant is in custody since 27.11.2024.

                       6. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant on the

          ground that the appellant carries one criminal antecedent other

          than the present one but fairly submits that he is on bail in the

          said case and further submits that the victim has not supported

          the case of the prosecution in her deposition before the learned

          Trial Court.
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                       7. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, 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 Court of Additional District & Sessions Judge-I-cum-

          Special Judge, SC/ST, Bettiah, West Champaran in connection

          with Bettiah Mahila P.S. Case No. 57 of 2024,            with other

          following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at

          any stage it is found that the appellant have concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellant. However, the

          acceptance of bail bonds in terms of the above-mentioned order
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                      shall not be delayed for purpose of or in the name of

                      verification.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T