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Judgment
7 paragraphs · 341 wordsHeard 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 Bhandra P.S. Case No. 56 of 2020, corresponding to Special POCSO Case No.31 of 2020 registered under sections 376 of the Indian Penal Code and Section 4/6 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is next submitted that in the medical report of the victim which appears in para 100 of the case diary, the doctor opined that there is no injury on any part of the body or private parts and though the victim has been examined within 48 hours of the alleged occurrence. It is further submitted that only because the petitioner was seen in the room of the victim, hence, this false case has been foisted against the petitioner. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 03.09.2020 as mentioned in paragraph 13 of the bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Sessions Judge-I, Lohardaga in connection with Bhandra P.S. Case No. 56 of 2020, corresponding to Special POCSO Case No.31 of 2020 with the condition that he will co-operate with the trial of the case.