Gautam Kumar Yadav Alias Gautam Kumar Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

Gautam Kumar Yadav Alias Gautam Kumar Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Chatra, in connection with Pratappur P.S. Case No. 248 of 2020 corresponding to POCSO Case No. 41 of 2020, subject to attendance on every trial date unless dispensed with, submission of a self-attested Aadhaar Card photocopy, and maintenance of an active mobile number not to be changed during pendency without prior permission of the Court.

Issue for consideration

Whether bail should be granted to the petitioner, an accused under section 366A IPC and section 4 POCSO Act whose earlier bail prayer was rejected (BA No. 5862 of 2023, order dated 30.08.2023) and who has been in custody since 03.05.2023, in view of the victim's cross-examination statements disclaiming the incident and declining to identify the accused, against the State's opposition that a serious sexual offence was committed.

Court's answer

Having heard both counsels, gone through the cited evidence and the records, and in the facts and circumstances of the case, the Court is inclined to release the petitioner on bail, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1, Chatra, in connection with Pratappur P.S. Case No. 248 of 2020 corresponding to POCSO Case No. 41 of 2020.

Ratio / Principle

Bail is granted subject to the condition that the petitioner shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below.

Key takeaways

Further conditions of bail: the petitioner will submit a self-attested photocopy of his Aadhaar Card and submit his mobile number before the learned Court below, which he will always keep active and will not change during the pendency of the case without prior permission of the Court.ratio¶16

Detailed headnote1 paragraphs

Criminal bail — repeat application after earlier refusal — accused under section 366A IPC and section 4 POCSO Act — bail granted on victim's cross-examination disclaiming incident and identification. Gautam Kumar Yadav @ Gautam Kumar, accused in Pratappur P.S. Case No. 248 of 2020 corresponding to POCSO Case No. 41 of 2020 (registered under section 366A of the Indian Penal Code and section 4 of POCSO Act), whose bail prayer had earlier been rejected in BA No. 5862 of 2023 vide order dated 30.08.2023, renewed his plea, citing completion of the victim's evidence, her cross-examination statements that no incident had occurred with her and her refusal to identify or recognise the accused, and custody since 03.05.2023. The State opposed, contending a serious sexual offence had been committed. Having heard both sides and gone through the records, the Court released the petitioner on bail on a bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Chatra, subject to (i) presence on each and every trial date unless dispensed with by the Court below, (ii) submission of a self-attested photocopy of his Aadhaar Card, and (iii) furnishing an active mobile number not to be changed during pendency without prior permission of the Court. (Hon’ble Mr. Justice Ratnaker Bhengra, 07.03.2024.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)

B.A .No. 514 of 2024

Gautam Kumar Yadav @ Gautam Kumar

… … Petitioner Versus The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

------For the Petitioner : Mr. Hadish Ansari, Advocate For the State : Mr. Bhola Nath Ojha, APP

04 / 07.03.2024

Heard the learned counsels for the parties.

The petitioner is an accused in a case registered under section 366A of the Indian Penal Code and section 4 of POCSO Act.

The learned counsel for the petitioner has submitted that earlier the bail prayer of this petitioner was rejected in BA No. 5862 of 2023 vide order dated 30.08.2023, therefore he has come again having spent more period in custody. Counsel submits that the evidence of the victim has been taken in court, in her cross-examination she has stated that no incident had occurred with her and she has refused to identify or recognize the accused or the petitioner and that no person by the name of the petitioner had done anything towards her. It is further submitted that petitioner is in custody from 03.05.2023, therefore, he may be allowed the privilege of bail.

Learned counsel for the State, on the other hand, has opposed the bail petition and submitted that serious sexual offence has been committed by the petitioner, therefore, he should not be allowed the privilege of bail.

Having heard both counsels, gone through the cited evidence, 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. 25,000/- (rupees twenty five thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1 Chatra in connection with Pratappur P.S. Case No. 248 of 2020 corresponding to POCSO Case No. 41 of 2020 , subject to the condition that the petitioner shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below with further condition that the petitioner will submit self-attested

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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.

(Ratnaker Bhengra, J.)

Sharda/