Single judge order granting bail to a petitioner accused of abduction and offences under POCSO and IPC, directing him to furnish a bond with sureties and cooperate with the trial.
Petitioner released on bail with bond of Rs. 25,000/- and two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4235 of 2020
Sonu Kumar Sharma … Petitioner
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. A.K. Sah, Advocate For the State : Mr. N.K. Singh, Addl. P.P. For the Victim : Mr. Sahil, Advocate ------
Order No.03 Dated- 09.12.2020
Heard the parties through video conferencing.
The petitioner has moved this Court for grant of bail in connection with Rail Tatanagar P.S. Case No.08 of 2020 (Special (POCSO) Case No.13 of 2020) registered under sections 365/366/366A/376 of the Indian Penal Code and under Section 4/6 of POCSO Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has abducted his Bhabhi and her daughter o. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the copy of the certified copy of the petition filed by the alleged victimMamta Pandey in the court of Additional Sessions Judge-V, Jamshedpur wherein she has stated that the petitioner has not done any wrong with her and her daughter, it is submitted by the learned counsel for the petitioner that the petitioner is innocent. It is next submitted that the petitioner has been in custody since 27.02.2020 as has been mentioned in paragraph no. 11 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
The learned counsel appearing for the vicitm submits that in fact, the petitioner has not done anything wrong with her.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Jamshedpur, in connection with Rail Tatanagar P.S. Case No.08 of 2020 (Special (POCSO) Case No.13 of 2020) with the condition that the petitioner will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a POCSO case.
2 provisions across 2 enactments
Sonu Kumar Sharma
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
