Jharkhand High Court
Sikendra @ Sikendra Siddique vs The State Of Jharkhand on 7 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2782 of 2021
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Sikendra @ Sikendra Siddique .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Sudhansu Kr. Deo, Advocate
For the State : Mr. Shekhar Sinha, P.P
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Order No.03 Dated- 07.07.2021
Heard the parties through video conferencing.
Apprehending his arrest in connection with Deoghar(Town) P.S. Case
No. 02 of 2017 corresponding to POCSO No. 01 of 2017 instituted under
Sections 363, 366(A), 34 of the Indian Penal Code and Section 3, 4 of POCSO
Act, the petitioner has moved this Court for grant of privileges of anticipatory
bail.
Though earlier the prayer for anticipatory bail of the petitioner was
rejected twice by this Court, now the fresh ground is that the parties have
entered into the compromise and in this respect learned counsel for the
petitioner draws attention of this Court towards Anexure-3 at page nos.17-18 of
the brief which is the copy of the certified copy of the compromise petition.
Drawing attention of this Court towards Annexure-4, which is the copy of the
certified copy of the deposition of the witnesses in POCSO Case No.1 of 2017
passed by the court of Additional Sessions Judge-I, Deoghar, it is submitted by
learned counsel for the petitioner that none of the witnesses who have been
examined in the said trial and the co-accused has supported the case of the
prosecution. Further drawing attention of this Court towards Anneuxre-5 at
page nos.25-28 of the brief, it is submitted that vide judgment dated 01st June,
2019 passed by the court of Additional Sessions Judge-I-cum-Special Judge at
Deoghar, the co-accused Md. Fakhruddin and Md. Imran have been acquitted
of the said offences. It is submitted that the allegation against the petitioner is
false. It is lastly submitted that the petitioner is ready and willing to co-operate
with the investigation of the case. Hence, it is submitted that the petitioner be
given the privileges of anticipatory bail.
Learned P.P appearing for the State opposes the prayer for anticipatory
bail of the petitioner.
Considering the submissions of learned counsels and the facts and
circumstances stated above, I am inclined to grant privileges of anticipatory bail
to the petitioner. Accordingly, the petitioner is directed to surrender in the
Court within six weeks from today and in the event of his arrest or
surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/-
(Twenty five thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-1st, Deoghar in connection
with Deoghar(Town) P.S. Case No. 02 of 2017 corresponding to POCSO No. 01
of 2017 with the condition that he will co-operate with the investigation of the
case and appear before the investigating officer as and when noticed by him
and furnish his mobile number and photocopy of the Aadhar Card with an
undertaking that he will not change his mobile number during the pendency
of the case and subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.)
Pappu/
