The High Court of Jharkhand, Ranchi, allowed bail to the petitioner in a POCSO case. The court accepted arguments regarding evidence and the victim’s background, ordering the release upon furnishing a bond of Rs. 20,000 with two equal sureties.
Release on bail requiring a bond of Rs. 20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
BA No. 6249 of 2022
Amit Ram @ Amit Kumar … … Petitioner Versus The State of Jharkhand … … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mrs. Snehlika Bhagat, APP
-------- Order No.06/Dated: 9th September, 2022
Heard both the learned counsels.
Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. The incident occurred due to previous enmity. Learned counsel further submits that there is no evidence to prove the guilt of the petitioner. He further submits that the victim herself appears to be of doubtful character as it appears from the record that the victim has two Aadhaar Cards. In first Aadhaar Card her date of birth is mentioned on 2005 and in second Aadhaar Card her date of birth is mentioned on 2002 and also in her school paper or document her date of birth is indicated in the year 2007. He further submits that place of occurrence has not been shown by the father or mother of the victim girl. Petitioner has no criminal antecedent. Therefore, he may be released on bail.
Learned counsel for the State submits that age of victim as per medical report is 17-19 years and also no sexual offence is indicated in the medical report. He further submits that from the evidence of the neighbour it is apparent that the petitioner was regularly visiting the house of the victim. She further submits that in her statement under section 164 Cr.P.C. victim has supported the case of the prosecution.
Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on bail, on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Special Court of POCSO Palamau at Daltonganj, in connection with Daltonganj Town PS Case No. 99 of 2022.
KNR (Ratnaker Bhengra, J.)
2 issues framed by the court
Whether the petitioner should be released on bail pending trial in a POCSO case.
Validity of petitioner’s plea of innocence and doubt regarding victim’s character and age.
Amit Ram @ Amit Kumar
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
