Sukhdeo Mahto @ Sukhdev Mahto @ Shukhdeo Mahto @ Charku Mahto @ Sukhdeo Kr. v. State of Jharkhand
2023-07-21
PRADEEP KUMAR SRIVASTAVA
body2023
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the parties. 2. The petitioner has been made accused in connection with Rajrappa P.S. Case No. 92 of 2022, Special POCSO Case No. 14 of 2023, M.C.A. No. 65 of 2023 registered under Sections 376/506 of the Indian Penal Code and Sections 4/8 of the POCSO Act. 3. As per F.I.R, allegation is that minor daughter of the informant aged about 13 years was always being teased by the present petitioner with evil motive. He has also given mobile to her to talk to her, in spite of protest by victim and her family members, present petitioner used to threaten to kill them and also threatened to solemnize marriage with her. In this process on 02.08.2022 at about 11 p.m., when informant woke up from sleep and saw that her daughter was missing, her husband made a call to present petitioner but he did not respond. Thereafter when he knocked the door of present petitioner, he found his daughter confined in the room of his house. She was crying and disclosed that present petitioner has forcibly committed rape with her. It is further submitted that prior to this occurrence also present petitioner was continuously alluring and enticing her for establishing sexual relationship with him in the quarters. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case by the informant with ulterior and oblique motive for blackmailing. It is further submitted that petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 17.02.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail. 5. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. 6.
It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 17.02.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail. 5. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. 6. It appears from the statement of the victim girl recorded under Section 164 CrPC which finds mentioned at paragraph – 15 of the case diary wherein it has been stated that she has love affair with the petitioner and she has voluntarily eloped with the petitioner and the parents of the victim girl has lodged this case. 7. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released 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 -1, Ramgarh in connection with Rajrappa P.S. Case No. 92 of 2022, Special POCSO Case No. 14 of 2023, M.C.A. No. 65 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. 8. In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.