Mahesh Pradhan @ Maheshwar Kumbhakar 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 Rajnagar P.s. case no. 45 of 2020(POCSO Case no. 38 of 2020) instituted under sections

376 (1) of the Indian Penal Code and section 4 and 6 of the POCSO Act. .

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the minor girl.

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 drawing attention of the court to the statement of the victim recorded under section 164 CrPC that the victim has stated that she and the

petitioner established sexual relationship voluntarily. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail

custody since 02.08.2020 as mentioned in paragraph 1 of the bail application and the petitioner is ready and willing to co-operate with the trial of the

case hence, the petitioner may be released on regular bail.

Learned Addl. P.P. opposes the prayer for regular bail of the petitioner.

Considering the facts of the case, 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 Sessions Judge - 1, cum Special Judge, POCSO Act,

Seraikella in connection with Rajnagar P.s. case no. 45 of 2020(POCSO Case no. 38 of 2020) subject to the condition that the petitioner will co-

operate with the trial of the case.