Petitioner, accused of raping a deaf and dumb girl under POCSO and IPC 376(D) and languishing in judicial custody, was released on bail by the High Court of Jharkhand.
Directed to be released on bail by furnishing a bail bond of Rs. 25,000 with two sureties of the 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. 5847 of 2022
Bishal Kumar Mahto …… Petitioner
Versus
The State of Jharkhand ……Opposite party
----------
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----
For the Petitioner : Mr. Ajay Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.
Order No.05/ Dated:17.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Chitra P.S. Case No. 55 of 2021 corresponding to POCSO Case No. 46 of 2021, registered for the offence under Section 376(D) of the Indian Penal Code and Section 4, 6, 8 of POCSO Act pending in the court of learned Additional Session Judge III, cum-Spl.-Judge, POCSO, Deoghar.
As per F.I.R. victim girl went to attend nature’s call towards a pond, in the meantime, Bishal Kumar Mahto and Rahul Mahto came and committed rape upon her and threatened to kill her if she tells about the incident to anyone.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to old enmity with the informant. The petitioner is languishing in Judicial custody since 30.09.2021 without rhymes and reasons. Charge sheet has been submitted against him, hence, he is not required for the purpose of investigation. There is no concreate material against the petitioner showing his involvement in the alleged offence. The informant has projected his deaf and dumb daughter as instrument for false implication of
the petitioner. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the trial of the case by remaining physically present on each and every date till the conclusion of the trial and shall not indulge in any manner in tampering with the prosecution evidence or influencing the witnesses or the victim, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that petitioner has committed rape with the deaf and dumb girl and there are sufficient positive materials collected during investigation to establish the involvement of the present petitioner in the alleged offence which is serious and heinous in nature, hence petitioner does not deserve bail.
Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, custody period and antecedent of the petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Session Judge III, cum-Spl.-Judge, POCSO, Deoghar in connection with Chitra P.S. Case No. 55 of 2021 corresponding to POCSO Case No. 46 of 2021 subject to the conditions:-
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
R.K.
2 issues framed by the court
Whether the accused in a POCSO case involving heinous nature of offence under Section 376(D) IPC deserves to be released on bail.
Whether the petitioner can be enlarged on bail subject to conditions despite the serious allegation of rape on a deaf and dumb girl.
2 provisions across 2 enactments
Bishal Kumar Mahto
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
