This order grants bail to a petitioner accused under sections 376, 302, and 6 POCSO Act for alleged rape and murder. The High Court directed release on bond with conditions requiring physical court attendance.
Petitioner released on bail bond of Rs. 20,000 with two sureties of equal amount subject to conditions of physical appearance during trial.
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.4694 of 2022
Ram Pravesh Yadav … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Ankit Kumar, Adv. For the State : Mr. Shailesh Kr. Sinha, Addl. P.P.
Order No.05 Dated- 11.08.2022
Heard learned counsel for the parties.
The petitioner has been made accused in connection with Bhawnathpur P.S. Case No. 116 of 2021 (POCSO Case No.24 of 2022) registered under sections 376, 302, 201/34 of Indian Penal Code and Section 6 of POCSO Act.
It is alleged that on 09.08.2021, the minor sister of the informant had gone to forest to collect stick/twigs without information but by evening, she did not return to her house. The informant contacted to his sister’s friend and asked about his sister but she had no idea about his sister. It is further alleged that on the next date, informant made call on her mobile phone, same was received by Gunjan Singh who said that he had seen his sister cutting woods in the Sarkiya Pahar Jungle. The informant reached there and found the dead body of his sister hanging by a tree. It is further alleged that deceased was raped and killed by the co-accused Gungan Singh with the help of other associates including the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis of confessional statement of co-accused persons and his self confessional statement. It is further submitted that the deceased was assaulted with tangi on her both legs but post-mortem report shows no such external injury on the body of the deceased. Co-accused with similar allegation has already been admitted to bail by the Co-ordinate Bench of this Court vide order dated 23.06.2022 passed in B.A. No.4678 of 2022. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioner is languishing in judicial custody since
14.08.2021 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.
Learned Addl. P.P. has opposed the prayer for bail of the petitioner and submitted that the named co-accused Gunjan Singh had assigned the role to the present petitioner and there is no other evidence against him. Hence, the petitioner may not be enlarged on bail.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Court, Garhwa in connection with Bhawnathpur P.S. Case No. 116 of 2021 (POCSO Case No.24 of 2022) with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with
further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.
In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether the petitioner, accused on serious charges of rape and murder under POCSO Act, is entitled to bail.
2 provisions across 2 enactments
Ram Pravesh Yadav
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
