Jowkim Bara @ Joachim Bara vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Gaurav. Learned counsel for the petitioner has submitted that defect nos. 9(i) & (iv), as per Stamp

Reporting dated 13.07.2020, have not been removed, which he undertakes to remove within 30 days after the lock down period is over and the bail

application may be heard, as it is a regular bail application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Simdega P.S. Case No.

59/2019 corresponding to G.R. No. 215/2019 (S.T. No. 155/2019), for the offence registered under Section 376 I.P.C.

Learned counsel for the petitioner has submitted that victim is aged about 21 years and she had consensual relationship with the petitioner, but

unfortunately the incident was witnessed by her uncle and sister and F.I.R. has been lodged. In statement recorded under Section 164 Cr.P.C., the

victim has admitted physical relationship with the petitioner for long duration, as such, petitioner may be enlarged on bail, who is in custody since

23.05.2019 and both parties are major.

Learned counsel for the State, Mr. Sardhu Mahto Additional Public Prosecutor has opposed the prayer for bail and has submitted that it is a case of

cheating with the sentiment of the victim and on the false assurance, physical relationship has been established, as such it is a case under Sections 420

and 376 I.P.C., as such, petitioner may not be enlarged on bail.

After hearing the learned counsel for the parties and on the basis of materials brought on record since there is a consensual relationship between the

parties, the petitioner, who is in custody since 23.05.2019, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty

Five Thousand) with two sureties of the like amount each in connection with Simdega P.S. Case No. 59/2019 corresponding to G.R. No. 215/2019

(S.T. No. 155/2019) to the satisfaction of learned Additional Sessions Judge, Simdega on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Pitar Bara, son of Late Jubel Bare @ Late Jubel Bara, resident of

Village - Baghlata, Munjbera, P.O. - Gotra, P.S. - Simdega, District - Simdega, who has furnished photocopy of his UID Card bearing number 5028

7512 2742 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 5028 7512 2742 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the trial court shall cancel the

bail bonds of the petitioner.

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

(v) The Civil Surgeon, Simdega is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.