Nitish Kumar vs State Of Jharkhand

Rajesh Kumar, J

Heard learned counsel for the applicant and learned counsel for the State.

The applicant, who is in custody since 14.12.2022, has approached this Court for grant of regular bail in connection with Special POCSO Case No.03 of 2023, arising out of Satgawan P.S. Case No.132 of 2022.

It appears that this applicant has been made an accused for committing the offence under Sections 363/ 366A of the Indian Penal Code and Section 6 of the POCSO Act.

It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.

Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that the victim girl is aged around 18 years and she left her house as she was brutely beaten by her family members. This applicant has not induce the victim girl. It has further been submitted that the charge has already been framed. On the above basis, prayer for bail has been made.

Learned counsel for the State has opposed the prayer for bail.

Considering the statement of the victim girl, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – I -cum- Special Judge (POCSO) Act, Koderma in connection with Special POCSO Case No.03 of 2023, arising out of Satgawan P.S. Case No.132 of 2022, on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.