Mahendra Singh vs State Of Jharkhand

Heard 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 Bengabad P.S. Case No.18 of 2020 (POCSO Case No.31 of 2020) registered

under sections 366A/376(i) of the Indian Penal Code and under Section 4 of POCSO Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away the minor victim girl and

committed gang rape upon her. It is further submitted that the allegations against the petitioner are all false and the victim in her statement recorded

under Section 164 Cr.P.C. which is appearing in paragraph no.14 of case dairy, she has categorically stated that she herself talked to the petitioner

over phone and went with him to Surat via Allahabad and remained with the petitioner for five days in Surat and solemnize marriage with him. It is

next submitted that the alleged victim has stated nothing to indicate that the petitioner has enticed her. It is next submitted that the petitioner has been

in custody since 31.01.2020 as has been mentioned in paragraph no. 1 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 Special Judge, POCSO Act, Giridih, in connection with

Bengabad P.S. Case No.18 of 2020 (POCSO Case No.31 of 2020) with the condition that the petitioner will cooperate with the trial of the case.