B.A./11541/2023 of SOMARU RAM Vs THE STATE OF JHARKHAND on 22 December 2023

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.11541 of 2023

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Somaru Ram .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Prabhu D. Agrawal, Spl.P.P

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-Order No.03 Dated 22/12/2023

Heard the parties.

The petitioner has been made accused in connection in connection with Simdega A.H.T.U. P.S. Case No.05 of 2022 corresponding to Special POCSO Case No. 13 of 2023 registered under Sections 363/370(4)/376/34 of the Indian Penal Code, under section 75/81 of Juvenile Justice (Care and Protection of Child) Act, 2015 and under section 4/8 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in trafficking of the minor girl-informant of the case. It is further submitted that the allegations against the petitioner are all false. Drawing attention of this Court towards the copy of the certified copy of the deposition of the alleged victim examined in the case of the petitioner and co-accused Rajendra Nayak and Mukta Dhanwar, learned counsel for the petitioner submits that therein in para-17 of her cross-examination, the victim has categorically stated that the petitioner has not done anything wrong ever with her nor he assaulted her and the petitioner never forcibly engaged the victim in any work. It is next submitted that the petitioner has been in custody since 30.01.2023 as is evident from paragraph-01 of the instant bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

Learned Spl.P.P appearing for the State opposes the prayer for bail of the petitioner.

Considering the facts of this case, the above named petitioner 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 learned Additional Sessions Judge-I-cum-Special Judge (POCSO Act), Simdega in connection with Simdega A.H.T.U. P.S. Case No.05 of 2022 corresponding to Special POCSO Case No. 13 of 2023 with the condition that he will co-operate with the trial of the case.

. (Anil Kumar Choudhary, J)