Anil Ravidas @ Babulal Ravidas vs The State Of Jharkhand
2024 Latest Caselaw 8767 Jhar

Jharkhand High Court

Anil Ravidas @ Babulal Ravidas vs The State Of Jharkhand on 3 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Criminal Appeal (D.B.) No. 1829 of 2023

           Anil Ravidas @ Babulal Ravidas                       ...... Appellant(s)
                                  Versus
           The State of Jharkhand                               ......Respondent(s)
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                 CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Pratiush Lala, Advocate.

           For the State          : Mrs. Kumari Rashmi, A.P.P.
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                            I.A. No. 3746 of 2024

08/03.09.2024:        This interlocutory application has been filed by the appellant

praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been been convicted in connection with POCSO Case No. 21/2021 for the offence under Section(s) 376(3) of the Indian Penal Code and Section 4 of the POCSO Act. He has been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.25,000/- under Section 4 (2) of the POCSO Act.

3. Heard the learned counsel for the appellant and learned A.P.P and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. After hearing the parties and going through the deposition of the witnesses, we find that though the girl was minor at the time of occurrence, but in paragraph 2 and 8, she clearly stated that she herself had gone with this appellant as she was in love with him and sexual intercourse, which had taken place, was with her consent.

6. Considering the fact that there was love affair between this appellant and the victim and the victim has categorically stated that she was not taken away by this appellant, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, above named, is directed to be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Sahibganj in connection with POCSO Case No. 21/2021, with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Sahibganj, once in every four months till the disposal of this appeal.

7. Accordingly, this interlocutory application stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

Anu/-Cp-3