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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the 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 Lesliganj P.S. Case No. 4 of 2020 registered under sections 376 (2)(i) read with section 511 of the Indian Penal Code and Sections 4 read with section 18 and 8 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim. It is submitted that the allegation against the petitioner is false and charge-sheet has already been submitted against the petitioner. Drawing attention of this Court towards Annexure-2 at page nos.15-17 of the brief, which is copy of the certified copy of the joint compromise petition filed by parties in the Court of Session Judge, Palamau, learned counsel for the petitioner submits that the matter has been settled between the parties and the informant does not want to proceed with the case. It is then submitted that the petitioner undertakes to co- operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 04.11.2020 as mentioned in paragraph 1 of the bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
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 Exclusive Special Judge, POCSO Act, Palamau at Daltonganj in connection with Lesliganj P.S. Case No. 4 of 2020 with the condition that he will co-operate with the trial of the case.
