Basant Mehta @ Basant Kumar vs State of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Ichak P.s. case no. 80 of 2020 instituted under sections 376 of the Indian Penal Code and

section 4 of POCSO Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the minor

victim girl. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned

counsel for the petitioner that there is major contradiction in the statement of the victim recorded under section 164 Cr.P.C and the FIR and the

petitioner is the neighbor of the victim girl and due to previous enmity, the petitioner has been falsely implicated in this case. It is further submitted by

learned counsel for the petitioner that the petitioner has been in jail custody since 29.05.2020 as mentioned in paragraph 13 of the bail application and

the petitioner is ready and willing to co-operate with the trial of the case and also ready and willing to pay Rs. 1,00,000/- as ad interim victim

compensation to the informant without prejudice to his defence and he undertakes not to annoy or disturb the informant or her family members in any

manner during pendency of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner.

Considering the facts of the case, the petitioner is directed to be released on bail on depositing Rs. 1,00,000/- by way of demand draft drawn in favour

of informant as ad interim victim compensation and 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 -1, cum- Special Judge, POCSO Act, Hazaribag in connection with Ichak

P.s. case no. 80 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case and he will not annoy or disturb the

informant or her family members in any manner during pendency of the case.

In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant and release the demand

draft in her favour on proper identification forthwith.