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Judgment
17 paragraphs · 371 wordsHeard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the
stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Sonahatu P.S. Case No.19 of 2019 corresponding to POCSO Case No. 48 of
2019 registered under sections 302/201/ 376/34 of the Indian Penal Code and under section 4/6 of the POCSO Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape and murder of the
deceased girl. It is further submitted that the allegations against the petitioner are all false and there is no eye- witness to the occurrence nor the
petitioner has been named in the F.I.R. It is then submitted that so far three witnesses have been examined in this case, the certified copy of the
depositions of whom has been annexed herewith as annexure-2 (page nos. 18-21) of the brief. It is further submitted that none of the three witnesses
examined in this case have supported the case of the prosecution. It is next submitted that the petitioner has been in custody since 20.03.2019 as has
been mentioned in paragraph no. 14 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case.
Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to
enlarge the above named petitioner on bail. Accordingly, the petitioner 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 to the satisfaction of learned Additional Judicial Commissioner-IV-cum-Spl. Judge
(POCSO), Ranchi, in connection with Sonahatu P.S. Case No.19 of 2019 corresponding to POCSO Case No. 48 of 2019 with the condition that he
will cooperate with the trial of the case.