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Judgment
17 paragraphs · 335 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 Simdega Mahila P.S. Case No. 17 of 2020, corresponding to Special POCSO Case No.10
of 2020 registered under section 376 of I.P.C. and sections 4/6 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the minor victim girl.
It is submitted that the allegation against the petitioner is false. It is next jointly submitted by learned counsel for the petitioner and the learned counsel
for the informant that both the parties have amicably settled the matter outside of the court and the learned counsel for the petitioner draws attention
of this Court towards Annexure-3 and 4 which is the affidavit sworn before the notary wherein it has been submitted that the good sense has been
prevailed between the parties. It is next submitted that the petitioner undertakes to co-operate with the trial of the case. It is further submitted that the
petitioner has been in custody since 08.06.2020 as mentioned in paragraph 1 of the 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-cum- Special Judge POCSO Act, Simdega in connection with Simdega Mahila P.S. Case No. 17 of 2020, corresponding to Special
POCSO Case No.10 of 2020 with the condition that he will co-operate with the trial of the case.