Ajit Tudu vs State Of Jharkhand And Others

I. A. No. 7392 of 2021:

Heard learned counsel appearing for the appellant and the learned counsel appearing for the State. None appears on behalf of the informant.

Through this interlocutory application, the appellant has prayed for grant of bail during the pendency of this appeal.

The prayer for bail of the appellant was earlier rejected in I. A. No. 7965 of 2019 vide order dated 02.12.2020.

The appellant is alleged to have enticed away the victim-girl and has subjected her to sexual assault.

It has been submitted by the learned counsel for the appellant that in the statement recorded under Section 164 Cr.P.C. of the victim, she has admitted that marriage was solemnized between them. She has further stated that since her marriage was solemnized with another person much to her dislike, she has consummated marriage with the appellant. Learned counsel for the appellant submits that in her evidence as P.W. 6, she has narrated a different story altogether. He further submits that the appellant is in custody for almost four years out of a maximum sentence of rigorous imprisonment of 10 years for the offence under Section 4 of POCSO Act.

Learned A.P.P. for the State has opposed the prayer for bail.

On consideration of the statement under Section 164 Cr.P.C. of the victim and on consideration of the fact that there appears to be love affair existing between them, we are inclined to admit him on bail.

Accordingly, during the pendency of this appeal, the appellant above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Jamtara in connection with Special POCSO Case No. 15 of 2018 arising out of Bindapathar P. S. Case No. 22 of 2018, subject to the condition that he shall deposit the fine amount of Rs. 20,000/- imposed upon him for the offence under Section 4 of POCSO Act.

I. A. No. 7392 of 2021 stands allowed and disposed of.