Allowed

Vikesh Kumar v. the State of Jharkhand

Jharkhand HC3 Jul 2024B.A./3750/2024

Case brief

AI extract

What is this about?

Accused in a POCSO case alleging he attempted to force the informant's minor daughter into his vehicle and molested her sought bail. The court, considering the facts, nature of allegations and materials, granted bail with conditions including trial attendance and non-tampering.

What did the court decide?

Bail granted on bond of Rs.25,000 with two sureties, subject to conditions of trial attendance and non-tampering.

Vikesh Kumar Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.3750 of 2024

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Vikesh Kumar @ Bikesh Kumar

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… Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Sheo Kumar Singh, Adv. For the State : Mr. Someshwar Roy, Addl. P.P. For the Informant : Mr. Manoj Kumar-II, Adv.

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Order No.05/Dated- 03.07.2024

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Panki P.S Case No. 22 of 2024 registered for the offences under Sections 342/509 of the Indian Penal Code and Section 8/12 of the P.O.C.S.O. Act, pending in the Court of learned Exclusive Special Judge POCSO Act, Palamau.

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As per FIR, it is alleged that on 04.03.2024 at about 03:20 P.M., the petitioner attempted to get informant’s minor daughter seated on a vehicle by catching, hold the hand of her daughter and also teased her on the main road in front of mosque.

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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. It is further submitted that allegation against the petitioner is that he attempted to drag the victim by catching her hand and attempted to board on his vehicle, meanwhile, she raised alarm and petitioner was apprehended by local persons and handed over to police. Petitioner has no criminal background and has been apprehended in this case due to misunderstanding and he is languishing in Judicial Custody since 05.03.2024 without any rhymes and reasons. Charge-sheet has been submitted against the petitioner and charge has also been framed. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the

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prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.

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On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner and submitted that there is direct allegation against the petitioner for misbehaving with a girl aged about 17 years. Hence, petitioner does not deserve bail.

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Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against 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 Exclusive Special Judge POCSO Act, Palamau in connection with Panki P.S Case No. 22 of 2024 subject to the conditions:-

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(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

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(2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

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(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid conditions, the bail of the

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petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

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(Pradeep Kumar Srivastava, J.)

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Sachin

Vikesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vikesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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