The High Court granted regular bail to the petitioner in connection with offences under IPC and POCSO, fixing a bond of Rs. 10,000 with two sureties and imposing conditions regarding document submission and mobile number registration.
Petitioner granted bail on bond of Rs. 10,000 with two sureties 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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.40 of 2023
Dayal Kumar Saha …… Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. R. R. S. Singh, Advocate For the State : Mr. Azeemuddin, A.P.P For the Informant : Mr. Din Dayal Saha, Advocate ---------
05/Dated: 10th April, 2023
1. Heard learned counsel for the applicant, learned A.P.P and learned counsel for the informant.
2. The applicant, who is in custody since 25.11.2022, has approached this Court for grant of regular bail in connection with Rajmahal P.S. Case No.239 of 2022.
3. It appears that this applicant has been made an accused for committing the offence under Sections 323/ 376/ 511/ 504/ 506/ 379 of the Indian Penal Code and Section 8 of the POCSO Act.
4. It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.
Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that to settle the neighbourhood dispute, the false allegation has been made against this applicant. There is no evidence save and except the bald statement of the alleged victim. On the above basis, prayer for bail has been made.
5. On the other hand, learned A.P.P and learned counsel for the informant have opposed the prayer for bail. It has been submitted that the victim girl has supported the allegation.
6. Considering the period of custody and the materials available on record, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – I, Rajmahal, in connection with Rajmahal P.S. Case No.239 of 2022, on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
1 issue framed by the court
Whether the applicant should be granted regular bail in the given circumstances.
Dayal Kumar Saha
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
