The High Court of Jharkhand allowed the bail application of an accused charged under the POCSO Act and IPC. The court considered the version of the FIR and granted release on furnishing a bond and sureties.
Bail application allowed; release on bond of Rs.25,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.11048 of 2021
Sohan Choudhary @ Sohan Kurmi ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. P.K. Nayak, Advocate For the State : Mr. Shekhar Sinha, P.P. --------
05/04.01.2022 Heard learned counsel for the applicant and learned P.P. for the State.
This bail application has been filed on behalf of the applicant– Sohan Choudhary @ Sohan Kurmi with prayer to release on bail in connection with POCSO Case No.68 of 2021 under Section 354/363 of the Indian Penal Code and Sections 8/12 of the POCSO Act pending in the court of learned Additional Judicial Commissioner-IV-cum Special Judge, POCSO, Ranchi
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant with the allegations that his daughter was playing nearby the house. It is further alleged that all of a sudden, one unknown person came there with ill intention took her with him and on raising alarm by the informant, some persons of the locality rescued her. It is submitted that the applicant has not committed the alleged offence. It is also submitted that the victim, who was admittedly minor girl had fell down and the applicant made effort to lift the said girl.
Learned 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 in her statement under Section 164 Cr.P.C. has supported the FIR version.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
Tarun/Rohit
2 issues framed by the court
Whether the bail application of the accused in a POCSO case should be allowed.
The medical history and surrounding circumstances of the alleged abduction and assault.
3 provisions across 3 enactments
Sohan Choudhary @ Sohan Kurmi
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
