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

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

What the court decided

AI extract

Outcome

Regular bail granted to the applicant on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to conditions (one bailor to be the applicant's pairvikar; submission of self-attested Aadhaar Card copies; maintenance of an active mobile number throughout the case without change without prior permission of the court).

Issue for consideration

Whether the applicant, in custody since 30.09.2022 in Spl. POCSO Case No.57 of 2022 arising out of Gua P.S Case No.27 of 2022, whose earlier bail prayer was rejected on 27.03.2023, should be enlarged on regular bail upon renewal of his prayer.

Court's answer

Considering the facts of the case and the period of custody, the Court was inclined to enlarge the applicant on bail.

Ratio / Principle

The applicant was directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge-I-cum-Special Judge (POCSO Act), West Singhbhum at Chaibasa, in connection with Spl. POCSO Case No.57 of 2022 arising out of Gua P.S Case No.27 of 2022.

Key takeaways

Release was made subject to conditions: one of the bailors is to be the pairvikar of the applicant, who must also submit self-attested photocopies of his Aadhaar Card and an active mobile number to the court below, not to be changed during pendency of the case without prior permission of the court.ratio¶¶23

Detailed headnote1 paragraphs

Jharkhand High Court (Rajesh Kumar, J.) allowed a renewed regular-bail application (B.A. No.6307 of 2024, decided 06.09.2024). Applicant Prem Kumar Poddar, in custody since 30.09.2022 in Spl. POCSO Case No.57 of 2022 arising out of Gua P.S Case No.27 of 2022 (offences under Sections 354/354(A) IPC and Sections 8/10/12 POCSO Act) pending before the Addl. Sessions Judge-I-cum-Special Judge (POCSO Act), West Singhbhum at Chaibasa, had an earlier bail prayer rejected on 27.03.2023 in B.A No.13904 of 2022. Noting that seventeen of eighteen charge-sheeted witnesses had already been examined (only the I.O. remaining) and considering the period of custody, the Court enlarged the applicant on bail on a personal bond of Rs.10,000/- with two sureties of the like amount each, subject to conditions: one bailor to be the applicant's pairvikar, filing of self-attested Aadhaar Card copies, and keeping an active mobile number unchanged during pendency without prior permission of the court.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.6307 of 2024

Prem Kumar Poddar, aged about 47 years, Son of Ramchandra Poddar, Resident of Near Football Ground, Barajamda, Chaibasa, P.O. & P.S.-Gua, District –West Singhbhum

…. …. Petitioner(s)/Applicant(s)

Versus

The State of Jharkhand

…. …. Opposite Party

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner(s)/Applicant(s) : Mrs. Seema Kumari Singh, Adv. For the State : Mr. Suraj Deo Munda, A.P.P.

06/Dated: 06^th September, 2024

1. Heard learned counsel for the applicant and learned counsel for the State.

2. The applicant, who is in custody since 30.09.2022, has renewed his prayer for grant of regular bail in connection with Spl. POCSO Case No.57 of 2022, arising out of Gua P.S Case No.27 of 2022, registered for the offence under Sections 354/354(A) of the IPC and Sections 8/10/12 of the POCSO Act, pending in the court of learned Addl. Sessions Judge-I-cum-Special Judge (POCSO Act), West Singhbhum at Chaibasa.

3. The prayer for bail of the applicant was earlier rejected by this Court vide order dated 27.03.2023 passed in B.A No.13904 of 2022.

4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted by the learned counsel for the applicant that out of eighteen charge sheeted witnesses, seventeen have already been examined and only the I.O is yet to be examined. On the above basis, prayer for bail has been renewed.

6. Learned counsel for the State has opposed the prayer for bail.

7. Considering the above facts and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-Icum-Special Judge (POCSO Act), West Singhbhum at Chaibasa in connection with Spl. POCSO Case No.57 of 2022, arising out of Gua P.S Case No.27 of 2022, subject to the

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condition that one of the bailors will be the pairvikar of the applicant . Further, the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.)

B.A No.6307 of 2024

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