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Ujjawal Kumar Das @ Ujjawal Kumar vs State of Jharkhand

Jharkhand High Court · Decided on 1 February 2021 · Citation: (2021) 02 JH CK 0023

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366A · Protection of Children from Sexual Offences Act, 2012 — Section 4 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
Bail Application No. 12140 Of 2020
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Judgment

17 paragraphs · 328 words

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 Katkamdag P.S. Case No.112 of 2020 registered under Sections 363, 366A of the Indian

Penal Code and Section 4 of POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away a minor victim girl with an

intention to solemnize her marriage with his brother. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court

towards the statement of the victim recorded under Section 164 Cr.P.C., the copy of the certified copy of which has been kept at page-16-17

(Annexure-2) of brief, learned counsel for the petitioner submits that therein the victim has categorically stated that she voluntarily went with the

brother of the petitioner and she has not stated anything to implicate the petitioner in this case. It is then submitted that the petitioner undertakes to co-

operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 17.09.2020 which is evident from para-08 of the

instant 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-I-cum-Spl. Judge, POCSO Act, Hazaribag in connection with Katkamdag P.S. Case No.112 of 2020 with the condition that he will co-

operate with the trial of the case.