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2017 DIGILAW 1492 (JHR)

Suman Toppo v. State of Jharkhand

2017-08-22

RONGON MUKHOPADHYAY

body2017
ORDER : Rogon Mukhopadhyay, J. Heard the parties. 2. This application is directed against the order dated 23.03.2017 passed in Criminal Appeal No. 09 of 2017 by learned District and Additional Sessions Judge-I, Gumla, whereby and whereunder, the order dated 03.02.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla, in connection with Chainpur P.S. Case No. 21 of 2016, corresponding to G.R. Case No. 827 of 2016, rejecting the prayer for bail of the petitioners, has been affirmed. 3. It has been submitted by the learned counsel for the petitioners that the allegation made against the petitioners has been falsified from the fact that the medical report does not substantiate the rape. Learned counsel further submits that the petitioners are in remand home since 17.08.2016. It has further been stated that the fathers of the petitioners have given an undertaking that they shall take care of the petitioners and shall not allow them to come in association with any anti-social element. 4. Learned Additional P.P. appearing for the State has opposed the prayer made by the learned counsel for the petitioners and has stated that the statements of the victims, under Section 164, CrPC, have been recorded wherein they have taken the name of the petitioners to have committed rape upon her. 5. It appears that the petitioners were declared juvenile by the Juvenile Justice Board. The allegation against the petitioners is of committing rape upon one Manisha Ekka, but the medical report reveals that there was no evidence of recent sexual intercourse and the spermatozoa was also not found and, therefore, no case of commission of rape is made out against the petitioners. The petitioners are in remand home since 17.08.2016. Such circumstances have not been properly appreciated by the Courts below, while rejecting the prayer for bail of the petitioners. 6. In view of what has been stated above, the order dated 23.03.2017 passed in Criminal Appeal No. 09 of 2017 by learned District and Additional Sessions Judge-I, Gumla, Dumka, whereby and whereunder, order dated 03.02.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla, in connection with Chainpur P.S. Case No. 21 of 2016, corresponding to G.R. Case No. 827 of 2016, rejecting the prayer for bail of the petitioners, has been affirmed, is hereby set aside. 7. 7. The petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupee Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Gumla in connection with Chainpur P.S. Case No. 21 of 2016, corresponding to G.R. Case No. 827 of 2016, with a condition that the fathers of the petitioners will keep the petitioners at safe place and will not allow them to meet any bad element and further directed to produce the petitioners before the Juvenile Justice Board, Gumla on each and every date fixed in the concerned case till the conclusion of the inquiry. 8. This application stands disposed of. Application disposed of.