Deepu Dushad vs State Of Jharkhand

Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s). Heard, learned counsel for the petitioner, Mr. Yogesh Modi and learned counsel for the State, Ms. Nehala Sharmin.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Ormanjhi P.S. Case No.88 of 2020, for the offence registered under Sections 363 and 376 IPC and under Section 4 POCSO Act.

Learned counsel for the petitioner has submitted that pursuant to the order dated 08.09.2020, the State has filed counter-affidavit along with the statement of the victim recorded under Section 164 Cr.P.C. and from perusal of the same, it appears that there is no allegation against this petitioner with regard to kidnapping or sexual intercourse with the victim rather victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that she went along with Deepu Dushad (petitioner). She is 18 years of age but in her Addhar Card, it has wrongly been mentioned as 14 years.

Learned counsel for the petitioner has further submitted that considering such evidence of the victim and considering custody of the petitioner since 15.05.2020, petitioner may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that victim has refused to be examined medically by the Doctor, as such, petitioner may not be enlarged on bail.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the counter-affidavit, it appears that petitioner has been made accused in Ormanjhi P.S. Case No.88 of 2020, for the offence registered under Sections 363 and 376 IPC and under Section 4 of the POCSO Act and looking into the material brought on record particularly the statement of the victim recorded under Section 164 Cr.P.C. as well as refusal of the medical examination by the victim, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Deepu Dushad), 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 to the satisfaction of learned AddI. Judicial Commissioner-IV,-cum-Spl. Judge, POCSO, Ranchi in connection with Ormanjhi P.S. Case No.88 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Sharma Dusadh, S/o Manikchandra Dusadh, R/o Kurasan, Sereva, P.O., P.S. & District- Kaimur (Bihar), who has furnished photocopy of his UID Card bearing No.8831 8926 9217 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 8831 8926 9217 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be mother/father/brother/sister/son.

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

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

(v) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.