Ravi Kumar Sharma @ Ravi Kumar vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard, learned counsel for the parties.

The petitioner has been made accused in connection with Dhanwar P.S. Case No. 234 of 2023 corresponding to Special POCSO Case No. 06 of 2024 instituted under Sections 354(c), 504, 506, 509 of the I.P.C. and Section 66(E), 67 (A) of I.T. Act.

Learned counsel for the petitioner has submitted that earlier the bail application of the petitioner was rejected vide order dated 15.07.2024 passed in B.A. No. 3567 of 2024. Petitioner is in custody since 09.11.2023. It is further submitted that charge has been framed and trial has commenced. Petitioner undertakes to co-operate in trial of the case and he remain physically present on each and every date fixed by the trial court and also abide by all terms and conditions which may be imposed in the matter of granting bail to the petitioner. Hence, the petitioner may be extended the privilege of bail.

Learned counsel appearing for the State opposes the prayer for bail of the petitioner.

It appears that in terms of order dated 29th November, 2024, status report was called for and the same has been received. From perusal of the status report, it appears that charge has been framed on 05.02.2024 and out of nine prosecution witnesses, eight witnesses have been examined and only one witness is remained to be examined.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above-named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Giridih, in connection with Dhanwar P.S. Case No. 234 of 2023 corresponding to Special POCSO Case No. 06 of 2024, subject to the conditions:

(i) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

(ii) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

(iii) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court.