The High Court allowed bail to Suraj Kalindi in a case involving enticement and marriage of a minor, regarding R.I.T. P.S. Case No. 99 of 2021 pending before Special Judge in Seraikella.
Release on bail by furnishing bond of Rs.20,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10580 of 2021
Suraj Kalindi ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. --------
02/07.01.2022 Heard learned counsel for the applicant and learned A.P.P. for
the State.
This bail application has been filed on behalf of the applicant– Suraj Kalindi with prayer to release on bail in connection with R.I.T. P.S. Case No. 99 of 2021 registered under Sections 366(A) of the Indian Penal Code and 12 of the POCSO Act, pending in the court of learned Special Judge, POCSO Act-cum-Additional Sessions Judge-I, Seraikella.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the father of victim with the allegations that his minor daughter was enticed away by the accused Suraj Kalindi with intent to get marry with her. It is further stated that the victim was recovered during investigation and her statement was recorded under Section 164 of the Code of Criminal Procedure, in which, she has stated that she had love affairs with the applicant and she willingly accompanied him and also got married with him in the temple. The applicant has been languishing in jail since 20.06.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the victim was minor and her consent has no bearing.
In view of the submissions made and materials available on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Special Judge, POCSO Act-cum-Additional Sessions Judge-I, Seraikella in aforesaid case.
(Subhash Chand, J.)
Madhav/-
1 issue framed by the court
Whether the bail application of the accused Suraj Kalindi charged under Sections 366(A) IPC and 12 POCSO Act be allowed.
Suraj Kalindi
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
