Deepak Hari @ Bauna vs The State Of Jharkhand
2021 Latest Caselaw 1403 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (DB) No.1171 of 2019

          Deepak Hari @ Bauna                                     ....     Appellant
                                      Versus
          The State of Jharkhand                                  ....     Respondent

      CORAM:            HON'BLE MR. JUSTICE H.C. MISHRA
                        HON'BLE MR. JUSTICE RAJESH KUMAR

          For the Appellant :        Mr. Rajesh Kumar, Advocate
          For the Respondent :       APP
                                     .........

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

.........

I.A. 11294 of 2019

9/18.03.2021 Heard learned counsel for the appellant and learned counsel for the State on the interlocutory application filed by the appellant for granting bail during the pendency of the appeal.

The appellant has been convicted and sentenced for the offences under Sections 376-AB/511 and 354-B of the Indian Penal Code and Sections 10, 6 & 18 of the POCSO Act.

The impugned Judgment shows that in the evidence of the victim, there is allegation of only attempting to sexually assault the victim, in which, the appellant did not succeeded and the victim managed to flee away. The impugned Judgment also shows that the appellant was in custody during the trial.

In the facts and circumstances of the case and taking into consideration the period of custody, we are inclined to release the appellant on bail. Accordingly, appellant Deepak Hari @ Bauna is directed to be released on bail, during the pendency of this appeal, on furnishing bail bond of Rs.10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Dhanbad, in connection with Special POCSO Case No.81 of 18.

The aforesaid interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kumar