Kandra Hansda vs The State Of Jharkhand
2021 Latest Caselaw 4568 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Revision No. 885 of 2020
                                          ....

             Kandra Hansda                                       ....     Petitioner
                                          Versus
             The State of Jharkhand                               .... Opposite Party
                                          ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner              : Mr. D.K.Karmakar, Adv.
                For the State                   : Mr. Abhay Kr. Tiwari, APP
                                                ....

05/02.12.2021             The instant application has been filed against the judgment dated

21.10.2020 passed by the court of learned Additional Sessions Judge-1st, East Singhbhum at Jamshedpur in Criminal Appeal No.91 of 2020, affirming the order dated 23.09.2020 passed by the Principal Magistrate, J.J. Board, Jamshedpur by which the prayer for bail of the petitioner has been rejected in connection with Galudih P.S. Case No.07 of 2019, corresponding to Special POCSO Case No.29 of 2019, for the offence under Sections 376(D)/ 354/ 34 of the Indian Penal Code and Section 6 of the POCSO Act and the same is presently pending in the court of learned Additional Sessions Judge-1, East Singhbhum at Jamshedpur.

The juvenile, below the age of 16 years is in remand home since 06.03.2019, has approached this Court for release through his father, who is ready and willing to keep his child under his custody with proper care. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. On the above facts, prayer for bail has been made.

Learned A.P.P. has opposed the prayer for bail.

It appears that the allegation against this juvenile is that although he was present at the place of crime but he has not taken any effort to save the victim girl.

Considering the nature of allegation and the social investigation report, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, East Singhbhum at Jamshedpur in connection with Galudih P.S. Case No.07 of 2019, corresponding to Special POCSO Case No.29 of 2019, subject to condition that one of the bailor must be the father of the petitioner.

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.) Shahid/