Dilip Ravidas @ Dilip Kumar Ravi vs State of Jharkhand

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 Special POCSO Case No. 54 of 2020 arising out of Ichak P.S. Case No. 86 of 2020

registered under sections 363/376/323/34 of the Indian Penal Code and under Section 4 of the POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner kidnapped the minor daughter of the informant

and took to her in forest and committed rape upon her. It is submitted by learned counsel for the petitioner that in her statement recorded under

Section 164 of Cr.P.C., the victim has stated that the petitioner with the help of the unknown persons forcibly took her to forest and committed rape

upon her. It is submitted that the allegation against the petitioner is false. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submitted that there is serious allegation against the petitioner of

committing rape upon the victim minor girl and in view of overwhelming evidence in the record against the petitioner there is every chance of the

petitioner absconding, if release on bail. Hence, it is submitted that the petitioner ought not to be released on bail.

Considering the serious nature of the allegation against the petitioner of kidnapping and committing rape upon the victim minor girl, this Court is of the

considered view that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is

rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and the witnesses by examined by observing the

prosecutions relating to COVID-19 pandemic.