Suraj Mahto @ Suraj Kumar vs State Of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by 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 Ormanjhi P.S. Case No.121 of 2020 corresponding to POCSO case no. 116 of 2020

registered under Sections 376, 376D, 506 of the Indian Penal Code and Section 4/6/14 of POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the co-accused first committed rape upon the prosecutrix

after putting vermillion on her forehead and took a snap of kissing her and made it viral on social media and on another occasion committed gang rape

on her along with the petitioner. It is submitted that the allegation against the petitioner is false. It is next submitted that the case of the prosecution is

highly improbable as no lady will venture out to roam with her rapist. It is then submitted that the petitioner undertakes that he will co-operate with the

trial of the case. It is lastly submitted that the petitioner has been in custody since 20.08.2020 as is evident from para- 11 of the instant bail application

and co-accused with similar allegations has already been released on bail by this court vide order dated 04.12.2020 passed in BA no. 9218 of 2020,

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 A.J.C.-IV-

cum-Spl. Judge (POCSO) at Ranchi in connection with Ormanjhi P.S. Case No.121 of 2020 corresponding to POCSO case no. 116 of 2020 with the

condition that he will co-operate with the trial of the case.