Single judge order granting bail to the petitioner in an alleged abduction and sexual assault case under IPC and POCSO Act upon furnishing sureties and conditions, despite State opposition.
Release of petitioner on bail bond of Rs.10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6664 of 2020
Dilip Kumar Das … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--- For the Petitioner : Mr. Prashant Kr. Rai, Adv. For the State : Mr. Tapas Roy, A.P.P.
---
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
---
03/14.01.2021: The present application has been filed for grant of regular bail to the petitioner in connection with Bengabad P.S. Case No.72 of 2020 (Special POCSO Case No.50 of 2020) registered for the offence under Sections 354(B), 366(A) of the IPC and under Sections 8/12 of the POCSO Act.
Learned counsel for the petitioner has submitted that from perusal of FIR and the statement of the girl made under Section 164 of the Cr.P.C., it appears that this applicant has attempted to abduct the girl out of love and he has been arrested on the spot immediately. The allegation of any sexual assault has not been made by the victim-girl. The petitioner is in custody since 27.04.2020.
Counsel for the State has opposed the prayer for bail.
Considering the material available on record, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Giridih in connection with Bengabad P.S. Case No.72 of 2020 (Special POCSO Case No.50 of 2020), subject to condition that the petitioner will submit selfattested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether the petitioner is eligible for regular bail in a case under Sections 354(B) IPC and Sections 8/12 POCSO Act.
Dilip Kumar Das
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
