Vishal Anthony vs State Of Jharkhand

Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s).

Heard, learned counsel for the petitioner, Mr. Sanjay Kumar Pandey and learned counsel for the State, Mr. Abhay Kumar Tiwari.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Patratu (Bhurkunda) P.S. Case

No. 245/2019, POCSO Case No. 30/2019 for the offence registered under Section 366(A) I.P.C. and Section 4 of POCSO Act.

Learned counsel for the petitioner has submitted that in pursuance of the order dated 21.09.2020, copy of the counter- affidavit has already been

served upon him mentioning the statement of the victim recorded under Section 164 Cr.P.C. on 20.11.2019 and annexing the medical report whereby

the Medical board has assessed the age of the victim to be 15-17 years.

Learned counsel for the petitioner has further submitted that considering the age of the victim to be 15-17 years and the statement of the victim

recorded under Section 164 Cr.P.C. whereby she has not alleged anything against the petitioner with regard to pressurize the victim.

Learned counsel for the petitioner has further submitted that the petitioner is in custody since 19.11.2019, as such, he may be enlarged on bail as

charge has already been framed on 04.02.2020.

Learned counsel for the State has opposed the prayer for bail and has submitted that charge-sheet has already been submitted on 30.11.2019 under

Section 366A IPC and Section 4 of the POCSO Act, as such, petitioner may not be enlarged on bail.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the statement of the victim where she has

alleged that this petitioner has taken her to Patna and she has returned with his brother and considering that no allegation has been made against the

petitioner, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Vishal Anthony), is directed to be released on bail on furnishing

bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District &

Sessions Judge-I, Ramgarh in connection with Patratu (Bhurkunda) P.S. Case No. 245/2019, POCSO Case No. 30/2019 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Vikash Anthoni S/o Ashok Anthoni, R/o Village- Gurudwara Road,

Jawahar Nagar, P.O. & P.S.- Dundua, Bhurkunda, District- Ramgarh (Jharkhand), who has furnished photocopy of his UID Card bearing No.2660

9815 1331 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 2660 9815 1331 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be mother/father/brother/sister/son.

(iii) Petitioner shall appear on each and every date before the learned trial court till conclusion of the trial.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Ramgarh is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.