Manish Kumar Pandit @ Manish Kumar 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 Jasidih P.S. Case No.375 of 2020, corresponding to POCSO Case No. 39 of

2020 registered under sections 376(D)/506/34 of the Indian Penal Code & under section 6 of the POCSO Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons

committed gang rape upon the victim. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned

counsel for the petitioner, drawing attention of this Court to the statement of the victim recorded under section 164 Cr.P.C., that in her statement the

victim has categorically stated that the petitioner is the agnate of the victim. It is further submitted that allegedly the co-accused persons were taking

the video of rape of the victim and after the said video was sent by the co-accused persons to the mother of the victim, the mother of the victim came

to know about the same. It is then submitted that the statement of the victim recorded under section 164 Cr.P.C. is contradictory to the statement

made in the F.I.R. as in the F.I.R., the mother of the victim has not stated anything about the video. It is also submitted that in the medical examination

of the victim girl, her age has been assessed between 17-18 years and no definite opinion regarding whether the victim was raped or not could be

ascertained. It is then submitted that there is absolutely no injury found on the body of the victim which is highly unlikely, had the victim been dragged

and raped. It is next submitted that the petitioner has been in custody since 09.08.2020 as has been mentioned in paragraph no. 10 of the bail

application. It is then submitted that because of dispute between the parties, the petitioner has falsely been implicated in this case. It is lastly submitted

that the petitioner undertakes to cooperate with the trial of the case and also undertakes that he will not annoy or disturb the victim in any manner

during the pendency of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. and the learned counsel for the informant 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 Sessions Judge-III-cum-Spl. Judge- POCSO, Deoghar, in connection with Jasidih P.S. Case

No.375 of 2020, corresponding to POCSO Case No. 39 of 2020 with the condition that he will cooperate with the trial of the case and will not annoy

or disturb the victim in any manner during the pendency of the case.