Bhim Kumar Yadav vs The State Of Jharkhand
2021 Latest Caselaw 1418 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.871 of 2020

    Bhim Kumar Yadav                        ......      Petitioner

                            Versus
    The State of Jharkhand                  .....    Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioner      : Mr. J. S. Singh, Advocate
    For the State           : Mr. S. P. Jha, A.P.P
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               th
03/Dated: 19        March, 2021

1. This revision is directed against the judgment/ order dated 20.10.2020, passed by the court of learned Special Judge POCSO Act -cum- Children's Court, Palamau at Daltonganj, in Criminal Appeal No.27 of 2020, rejecting the prayer for bail of the petitioner in connection with G.R. Case No.1095 of 2020, corresponding to Pipra P.S. Case No.30 of 2020, wherein charge sheet has been submitted under Sections 147, 341, 323, 324, 307, 304, 504, 506, 427, 302 and 120(B) of the Indian Penal Code.

2. Heard the learned counsel for the petitioner and the learned A.P.P. On perusal of the F.I.R., it appears that the informant has named the accused who had committed the overt act and the petitioner has been named as a member of the unlawful assembly. The informant has not alleged that any overt act was committed by this petitioner.

In the given facts and and circumstances of the case, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Palamau, in connection with G.R. Case No.1095 of 2020, corresponding to Pipra P.S. Case No.30 of 2020, on the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) to ensure that the petitioner does not come in contact with any anti-social elements, and (iii) produce the petitioner before the

Probation Officer as and when directed by the Court.

3. In case of any adverse report, the court is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner shall be present before the court as and when directed, and co-operate in the enquiry proceeding.

4. With the aforesaid direction, the revision is, hereby, allowed.

(AMITAV K. GUPTA, J.) Chandan/-