High CourtsSingle Bench

Rekha Rani vs State Of Jharkhand

Jharkhand High Court · Decided on 22 September 2020 · Citation: (2020) 09 JH CK 0163

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 363, 365, 367, 368, 370, 371, 376 · Inter-State Migrant Workmen Act, 1979 — Section 25, 26 · Bonded Labour System (Abolition) Act,1976 — Section 16, 18 · Code Of Criminal Procedure, 1973 — Section 164
CASE NUMBER
Bail Application No. 6608 Of 2020
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Judgment

8 paragraphs · 307 words

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

Learned counsel for the petitioner prays to ignore the defect and take up the matter on merits.

Defects stand ignored.

Heard learned counsel appearing for the petitioner and counsel for the State, who opposes the prayer for bail of the petitioner.

The petitioner is an accused for allegedly committing offence punishable under Sections 363, 365, 367, 368, 370, 371, 376/34 IPC, Section 25, 26 of Inter State Migrant Workman Act and Section 16, 18 of Bonded Labour System (Abolition) Act.

The only allegation against this petitioner, which is apparent from the statement of the victim recorded under Section 164 Cr. P.C., is that she had given the telephone number of one Mukesh to the victim and thereafter, on the instigation of said Mukesh the informant went to Delhi where she was sexually assaulted by Mukesh.

Considering the nature of allegation against the petitioner, I am inclined to enlarge him on bail. Accordingly, petitioner namely, Rekha Rani is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gumla in connection with AHTU Palkot P.S. Case No. 5 of 2020 Further, I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get her treated in the COVID Center by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.