Surendra Bhuiyan vs State Of Jharkhand

Heard 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 Dandai P.S. Case No. 51 of 2019 (POCSO Case No.39 of 2019) registered under section

376 of the Indian Penal Code and Sections 3, 4 of the POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the minor girl. It is

submitted that the allegation against the petitioner is false. It is next submitted that the charge-sheet has been submitted against the petitioner in this

case. It is next submitted that the medical report suggests that the victim is a major lady. 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 for a considerable period of time. Hence, it is submitted

that the petitioner be released on bail.

Learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submitted that in her statement recorded under Section 164 Cr.P.C.

the victim has supported the case of the prosecution and in view of the serious nature of the allegation against the petitioner, there is every chance of

the petitioner absconding, if released on bail. Hence, the petitioner ought not to be admitted to bail.

Considering the serious nature of the allegation against the petitioner of committing rape upon the victim minor girl, this Court is of the considered view

that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and the witnesses by examined by observing the

precautions relating to COVID-19 pandemic.