Single judge allowed bail appeal for kidnapping minor and POCSO offence, ordering release on Rs. 10,000 bond considering co-accused released based on casual relationship evidence.
Released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1156 of 2019
Damodar Kumar @ Damodar Mahto …
… Petitioner
Versus
The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opp. Party : Mr. S. K. Burnwal, A.P.P.
05/08.01.2020 Heard Mr. Ashok Kumar Singh, learned counsel for the appellant and Mr. S. K. Burnwal, learned A.P.P. for the State.
This appeal is directed against the order dated 01.08.2019 passed by the learned Additional Sessions Judge – I, Chatra in connection with Tandwa P. S. Case No. 140 of 2017 by which the prayer for bail of the appellant has been rejected.
A First Information Report was instituted in which it was stated that the present appellant as well as Sagar Kumar had forcibly kidnapped the minor daughter of the informant.
In the evidence of the witnesses recorded during trial, she has stated that she was having love affair with the accused Sagar Kumar and in fact insinuation has been cast upon the present appellant. In fact Sagar Kumar has already been granted bail by this Court in Criminal Appeal (S.J.) No. 497 of 2019.
In view of the aforesaid fact while setting aside the order dated 01.08.2019 passed by the learned Additional Sessions Judge – I, Chatra in connection with Tandwa P. S. Case No. 140 of 2017, the appellant, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – 1, Chatra, in connection with Child Act Case No. 07 of 2019 arising out of Tandwa P. S. Case No. 140 of 2017.
This appeal is allowed and disposed of.
(Rongon Mukhopadhyay, J.)
Umesh/-
1 issue framed by the court
Whether the appellant is entitled to bail in the undertrial proceedings.
Damodar Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
