The High Court of Jharkhand granted anticipatory bail to the petitioner accused under POCSO, IPC, and SC/ST Act, directing surrender within four months and fixing conditions for bail upon arrest.
Anticipatory bail granted; petitioner directed to surrender within four months and deposit Rs. 1,00,000/- subject to conditions.
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 A.B.A. No.971 of 2022
------
Versus
The State of Jharkhand .... .... ....Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mrs. Ruby Pandey, Addl.P.P ------
Order No.02 Dated- 17.02.2022
Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after resumption of the court in physical mode.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Bankmore (Bhuli O.P.) P.S. Case No. 274 of 2021 corresponding to Special POCSO Case No. 174 of 2021 instituted under Sections 341, 379, 354, 385 of the Indian Penal Code, Section 3(1)(x) of SC/ST Act and Sections 7/8 of POCSO Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner caused sexual assault upon the minor victim girl and called her by her caste name of her being a member of scheduled caste and demanded extortion from her. It is submitted that the allegation against the petitioner is false. It is then submitted that there is no averment that the informant is not a member of scheduled caste or scheduled tribe nor there is any averment that the occurrence took place in public view and thus the allegations do not make out the offence punishable under the penal provisions of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1988 nor there is any specific overt act attributed to the petitioner to make out the offence punishable under the POCSO Act. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay Rs.1,00,000/- without prejudice to his defence in this case to the informant subject to final decision of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.1,00,000/- without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cum-Special Judge, POCSO, Dhanbad in connection with Bankmore (Bhuli O.P.) P.S. Case No. 274 of 2021 corresponding to Special POCSO Case No. 174 of 2021 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.
In case the petitioner deposits Rs.1,00,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J . )
Pappu/
1 issue framed by the court
Whether the petitioner is entitled to the grant of anticipatory bail under Section 438 CrPC.
4 provisions across 4 enactments
Unknown Petitioner
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
