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Judgment
16 paragraphs · 323 wordsHeard 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 Palajori P.S. Case No.22 of 2020 corresponding to POCSO Case No.21 of 2020 registered
under sections 366 (A) and 376 of the Indian Penal Code and Section 4 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away the minor victim girl and
committed rape upon her. It is submitted that the allegation against the petitioner is false. It is next submitted that the doctor has not found any injury
on the private parts of the victim girl and has opined that no definite opinion can be given whether rape was committed or not though in her statement
recorded under Section 164 Cr.P.C., the victim has stated that the petitioner committed wrong act with her. It is next submitted that the petitioner
undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 24.04.2020 which is evident from
para-1 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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, Deoghar in connection with
Palajori P.S. Case No.22 of 2020 corresponding to POCSO Case No.21 of 2020 with the condition that he will co-operate with the trial of the case.
