Deepak Sao @ Deepak Kumar Sao vs State Of Jharkhand

This appeal is directed against the judgment/ order dated 14.08.2020, passed by learned Additional Sessions Judge -I -cum- Special Judge, Children

Court, Hazaribag in Misc. Criminal Application No.343 of 2020, whereby the prayer for bail of the petitioner has been rejected in connection with

Gorhar P.S. Case No.22 of 2019, corresponding to Children Case No.03 of 2020, registered under Section 376D of the Indian Penal Code and

Sections 4/ 6 of the Protection of Children from Sexual Offences Act.

Heard learned counsel for the appellant and learned A.P.P.

On perusal of the statement of the victim, as recorded under Section 164 Cr.P.C., it is evident that she has alleged that one Rohit Kumar @ Rohit Sao

had committed rape on her and said Rohit Kumar @ Rohit Saw has been acquitted vide judgment dated 10.02.2020, passed by the court of learned

Additional Sessions Judge - I, Hazaribag, in Special POCSO Case No.49 of 2019, as would be evident from Annexure - 3.

In the attending facts and circumstances of the case, the appellant is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten

thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge -I -cum- Special Judge, Children Court,

Hazaribag in connection with Misc. Criminal Application No.343 of 2020, arising out of Gorhar P.S. Case No.22 of 2019, corresponding to Children

Case No.03 of 2020, on the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking (i) to ensure the

good behaviour of the appellant, (ii) to ensure that the appellant does not come in contact with any anti-social elements, and (iii) produce the appellant

before the trial curt as and when directed by the court below. The appellant shall be present before the trial court, as and when directed, and co-

operate in the proceeding.

With the aforesaid direction, the appeal is, hereby, allowed.