Maqbool Sk. vs The State of Jharkhand through

Heard the learned counsels appearing for the parties and perused the documents on record.

The petitioner has been made an accused in Chouparan P.S. Case No. 21 of 2017 corresponding to G.R. No. 296 of 2017, registered for offence under Section 376/34 IPC and Section 6 of POCSO Act. The learned Senior counsel for the petitioner submits that on an allegation that the petitioner forcibly took away the victim-girl who is aged about 15 years to a forest area and committed rape upon her, the petitioner has been made an accused in the instant case. He is in judicial custody since 07.02.2017 . It is contended that in her statement recorded under Section 164 Cr.P.C ., the victim has alleged that the accused person sexually assaulted her "whole night" (para-8), however, during medical examination no external or internal injury has been detected by the doctor on the body of the victim-girl. The date of alleged occurrence is the night of 27.01.2017; a First Information Report was lodged on 30.01.2017 and the victim-girl was examined on the same day, still, no sign of rape was detected by the doctor on medical examination of the victim-girl.

The learned APP referring to the statement of the victim-girl recorded under Section 164 Cr.P.C . submits that victim-girl has made specific allegation of sexual assault on her by the petitioner. He has opposed the prayer for grant of bail.

Having regard to the medical examination report and the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-I-cum- Special Judge (POCSO) Hazaribagh in connection with Chouparan P.S. Case No. 21 of 2017 corresponding to G.R. No. 296 of 2017, on the following conditions :

(i) one of the bailers shall be one of the class-I heirs of the petitioner, (ii) he shall remain physically present on each and every date during the trial, except for special circumstances, (iii) he shall not change his place of residence without permission of the Court, and (iv) he shall deposit a sum of Rs. 15,000/- in the trial court within two weeks which shall be paid to the victim on her proper identification. 4. The instant application is allowed. Let a copy of the order be transmitted to the trial Court through ''Fax''.