Mohan Mahto vs State Of Jharkhand

Heard 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 Sonahatu P.S. Case No. 76 of 2019, corresponding to POCSO No.43 of 2020 registered under sections 366A, 376, 506/34 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 committed rape upon the minor victim girl and enticed away her with intention to marry her. It is submitted that the allegation against the petitioner is false. It is next submitted that the victim, in her statement recorded under Section 164 Cr.P.C., has categorically stated that the petitioner along with the co- accused person Kapil Patar Munda committed rape upon her. It is lastly submitted that the petitioner has been in custody for a considerable period of time. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submitted that there is specific allegation against the petitioner of committing rape upon the victim along with the co- accused person and in her statement recorded under Section 164 Cr.P.C., the victim has supported the case of the prosecution, hence, there is every chance of the petitioner absconding, if released on bail. Hence, the petitioner ought not be admitted to bail.

Considering the serious nature of the allegation against the petitioner of committing rape upon the minor victim girl, this Court is of the considered view that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order in administrative side of this court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and the witnesses by examined by observing the precautions relating to COVID-19 pandemic.