Samir Lohar Alias Balla Lohar Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6360 of 2024

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Samir Lohar @ Balla Lohar ... … Petitioner Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Krishanu Ray, Advocate For the State : Mrs. Vandana Singh, A.P.P. --------

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Order No. 05 / Dated 5^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Parsudih P.S. Case No. 121 of 2023, dated 06.12.2023, for the offence registered under Sections 376DA of the Indian Penal Code and Section 6 of the POCSO Act and chargesheet has been submitted for the offence under Sections 376DA, 356, 382, 366A, 354A/ 34 of the Indian Penal Code and Sections 4, 6, 8 & 10 of the POCSO Act, and the case is pending before the Court of learned Special Judge, POCSO Court, Jamshedpur in Special POCSO Case No. 22 of 2024.

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It is submitted on behalf of the petitioner that as per the allegations in the F.I.R. is that the petitioner alongwith the co-accused persons had committed rape with the victim who was a minor.

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Learned counsel for the petitioner has submitted that the petitioner has no role to play in the commission of the offence as evident from the statement of the victim recorded under Section 164 of the Cr.P.C. where it has been categorically stated that two persons namely Lal Babu Karamkar and Gadra had committed the offence although she has taken the name of this petitioner in the F.I.R.

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Learned counsel for the petitioner has further submitted that this petitioner is in jail since 02.01.2024 and charge in this case has been framed and therefore, the possibility of tampering the evidence is very remote. 6. Learned counsel has also submitted that there is no criminal history of the accused petitioner who is a young boy of 19 years old.

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On the other hand the learned A.P.P. appearing on behalf of the State has

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D.S.

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vehemently opposed the contentions raised on behalf of the petitioner and submitted that the petitioner is involved in the heinous offence of committing rape with a minor girl alongwith the co-accused persons. Further, it has also been submitted that although this petitioner is not alleged to have committed rape with the victim but he was very much present and teasing her and therefore, he does not deserve to be enlarged on bail but did not controvert the fact that no role has been attributed in the commission of the offence by the victim in her statement recorded under Section 164 of the Cr.P.C.

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Having heard the parties, perused the records of this case. 9. In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioner hereinabove is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Special Judge, POCSO Court, Jamshedpur in Special POCSO Case No. 22 of 2024, in connection with Parsudih P.S. Case No. 121 of 2023, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

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(Navneet Kumar, J.)

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2 B.A. No.6360 of 2024

Samir Lohar Alias Balla Lohar v. the State of Jharkhand

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Samir Lohar Alias Balla Lohar v. the State of Jharkhand

Case brief

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