Mahtab Ansari 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 Special POCSO Case No.42 of 2020 arising out of Nawa Bazar P.S. Case No.41 of 2020 registered under sections 376(2)(i)/366/363 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 for solemnization of marriage with her. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to Annexure-3 at page no.17-18 of the brief, which is a copy of the joint compromise petition filed by the parties in the court of J.M. 1st Class, Daltonganj at Palamau, it is submitted that the parties have settled the matter outside the Court and the informant does not want to proceed with the case. It is next submitted that the petitioner has been in custody since 14.06.2020 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 Exclusive Special Judge, POCSO Act, Palamau at Daltonganj, in connection with Special POCSO Case No.42 of 2020 arising out of Nawa Bazar P.S. Case No.41 of 2020 with the condition that the petitioner will cooperate with the trial of the case.