The High Court of Jharkhand allowed a bail application filed by Manohar Paswan in a Special POCSO case involving outraging of modesty. The applicant was to be released on bail bond along with two sureties.
Release on bail on furnishing bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10868 of 2021
Versus The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioners : Mr. Aman Shekhar, Advocate For the State : Mr. Shailesh Kumar Sinha, A.P.P. For the Informant : Mr. Sabyasanchi, Advocate --------
05/07.01.2022 Heard learned counsel for the applicants and learned A.P.P. for the State as well as learned counsel for the informant.
This bail application has been filed on behalf of the applicants–Baiju Paswan and Manohar Paswan with prayer to release on bail in connection with Borio (Jirwabari) P.S. Case No. 166 of 2021 registered under Sections 323, 324, 341, 504 and 506, 34 of the Indian Penal Code and under Section 8 of the POCSO Act, pending in the court of learned Special Judge POCSO, Sahibganj.
At the very outset, the learned counsel for the applicants has submitted that the aforesaid bail application was moved jointly on behalf of the applicants Baiju Paswan and Manohar Paswan and the applicantBaiju Paswan was granted bail vide order dated 14.12.2021 by a coordinate Bench of this Court. Now, the learned counsel for the applicant is pressing this bail application on behalf of Manohar Paswan.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the father of victim against the five named accused persons with the allegations that they intruded in his house armed with deadly weapons and also beated to the old woman Savitri Devi. On being opposed, his minor daughter was also caught hold of by all the accused persons with intent to outrage her modesty and Suraj Paswa, who came to rescue was also beated and sustained serious injury. It is also submitted that the role assigned to all the accused persons in the F.I.R is general and omnibus. The statement of minor daughter of the informant was recorded, in which, she has assigned the role of outraging the modesty to all the different persons. It is further submitted that the co-accused Baiju Paswan has been granted bail in the aforesaid bail application vide order dated 14.12.2021 and the applicant has been languishing in jail since 11.06.2021.
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Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant have vehemently opposed the contentions made by the learned counsel for the applicants and contended that the co-accused Baiju Paswan was granted bail on account of being of above 60 years of age. So far as the role assigned to the applicant is concerned, the same is in regard to outraging the modesty of a minor girl and from the act of the applicant and other co-accused, the offence of sexual assault is made out against the applicant.
In view of the submissions and materials available on record, the bail application of the applicant- Manohar Paswan is 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, Sahibganj in aforesaid case.
(Subhash Chand, J.)
Madhav/-
1 issue framed by the court
Whether the bail application of Manohar Paswan should be allowed in connection with the POCSO case.
7 provisions across 2 enactments
Baiju Paswan
Manohar Paswan
The State of Jharkhand
Subhash Chand
As recorded by the court registry
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