Prakash Yadav 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 Basantrai P.S. Case No.66 of 2020 (Spl (P) No.45 of 2020) registered under

sections 341/323/325/376D/34 of the Indian Penal Code and under Section 4/12 of POCSO Act.

The learned counsel for the petitioner submits that the allegation is that the victim has been gang raped by the co-accused- Angad Yadav and Subhash

Yadav. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the statement of the victim

recorded under Section 164 Cr.P.C., a copy of the certified copy of which is kept at 17-18 of the brief, it is submitted that the victim has categorically

stated that she was being ravished by Angad Yadav and Subhash Yadav and she has not taken the name of the petitioner. It is next submitted that the

petitioner has been in custody since 22.08.2020 as has been mentioned in paragraph no. 14 of the bail application. It is lastly submitted that the

petitioner undertakes to cooperate with the trial 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 S.J-III, Godda, in connection with Basantrai P.S. Case No.66 of 2020 (Spl (P) No.45 of 2020) with the

condition that the petitioner will cooperate with the trial of the case.