Gulam Mustafa @ Gulab Ansari 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 Bengabad P.S. case no. 183 of 2020 registered under sections 376 (3) 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 enticed away minor victim girl and

committed rape upon her. 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 admittedly the petitioner is married person having three children and he has been in jail custody for

a considerable period of time hence, the petitioner may be released on bail.

Learned Addl. P.P. vehemently opposes the prayer for bail and submits that there is no dispute that the victim girl is of 16 years and there is direct

allegation against the petitioner of having committed the heinous alleged offence and in her statement recorded under section 164 Cr.P.C, the victim

has supported the case of the prosecution and there is every chance of petitioner absconding if released on bail hence it is submitted that the petitioner

ought not be released on bail at this stage.

Considering the serious allegation against the petitioner, this Court is of considered view that this is not a fit case where the petitioner be released on

bail. Accordingly, the prayer for bail of the above named petitioner is rejected.

Keeping in view 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 witnesses be examined by observing the precautions relating to COVID- 19 pandemic.