Amit Toppo vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Prashant Kumar Rahul.

Learned counsel for the petitioner has submitted that defect no. 9 (i), as per Stamp Reporting dated 08.09.2020, has not been removed, which he undertakes to remove within 30 days after the physical court starts and has prayed that the bail application may be heard, as it is a regular bail application of the petitioner, who is in custody since 07.05.2020.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Garu P.S. Case No. 16/2020, corresponding to Special POCSO Case No. 23/2020, for the offence registered under Section 376 (3) I.P.C. and Sections 4/8 of POCSO Act.

Learned counsel for the petitioner has submitted that it is alleged in the First Information Report that this petitioner has taken the informant in the under-constructed house and committed rape, but subsequently the statement of the victim was recorded under Section 164 Cr.P.C. i.e. after three days where she has categorically denied in paragraph-8, which is at page no.19 of the bail application, and has categorically stated that while she was playing with her friend, Santoshi, this petitioner came there and took her inside the under-constructed house of Aryan and disclosed that he want to solemnize marriage with the victim, but in the meantime, Aryan and Vivek Oraon came there and thereafter the matter was highlighted and an F.I.R. has been lodged, though the petitioner is in her relation as maternal uncle and he has not done anything.

Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent and he is in custody since 07.05.2020, as such, he may be enlarged on bail on any strict condition in view of the statement of the victim recorded under Section 164 Cr.P.C.

Learned counsel for the State, Mr. V.N. Jha has opposed the prayer for bail and has submitted that the victim is a student of Class- V, aged about 12 years and the Magistrate has also assessed her age to be 13 years, as such, considering the allegation made in the First Information Report, the regular bail application may not be allowed as the statement of the victim recorded under Section 164 Cr.P.C. seems to be under pressure.

Considering the rival submissions of the parties, looking into fact and circumstances of the case particularly statement of the victim recorded under Section 164 Cr.P.C. by learned Magistrate and in absence of any complaint made by victim or the prosecution before the any competent court of law that the statement of the victim recorded under Section 164 Cr. P.C. is under duress, petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Garu P.S. Case No. 16/2020 corresponding to Special POCSO P.S. Case No.23/2020 to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Latehar on the following conditions:

(i) One of the bailors shall be the deponent / pairvikar of the present case namely, Shyambihari Singh, son of Devendra Singh, resident of Village - Lawarpur, P.O. - Lawarpur, P.S. - Latehar, District- Latehar, who has furnished photocopy of his UID Card bearing number 8974 5296 7846 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 8974 5296 7846 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be mother of the petitioner.

(iii) Petitioner shall appear before the trial court on each and every date till conclusion of the trial.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Latehar is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

Accordingly, the instant bail application is allowed.