Abhishek Kumar Bharti vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsel for petitioner as well as learned counsel for respondent State.

Petitioner is apprehending his arrest in connection with Korra P.S.Case No.276 of 2023, for offence registered under sections 228(A)/188/34 of IPC and section 23(4) of POCSO Act, pending before learned Addl.Sessions Judge-III-cum-Spl.Judge, POCSO Act at Hazaribagh.

Learned counsel for petitioner submits that petitioner is anchor of T.V. Channel namely T.V 45. He submits that on 03.10.2023 news Channel TV 45 got a call from some persons that a minor girl was assaulted and raped in Hazaribagh but then also police administration is not taking any action and on the basis of such information the news channel TV45 directed petitioner to verify the facts and genuineness of such incident and being employee, he followed the direction of the company and he found that the alleged incident was true. Thereafter the petitioner contacted the family members of the victim and narrated the entire incident to the petitioner. After knowing all these fats the petitioner advised the victim as well as the family members of the victim to contact the district administration as well as the police and requested them to lodge the FIR against the accused persons but the victim as well as the family members of the victim stated to the petitioner that they have gone to the police station as well as to the other officers of the police administration and district administration but then also no action was taken by the police or the district administration. He submits that only after the said news the FIR was registered on the next date on 06.10.2023 and by creating story this case has been registered against the petitioner on 06.10.2023. He submits that another anchor has been provided privilege of anticipatory bail in A.B.A. No.514 of 2024.

Learned State counsel opposed prayer on the ground that the allegations are there.

Considering that on 03.10.2023 the incident stated to be occurred and the same was run in the Channel of TV 45. This petitioner is happened to be anchor of the said TV Channel namely TV 45 and the present case is lodged on 06.10.2023, and another anchor has been provided privilege of anticipatory bail in A.B.A. No.514 of 2024, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released 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-III cum Spl. Judge, POCSO Act at Hazaribagh, in connection with Korra P.S. Case No.276 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.