Baban Hembram vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Nala (Kundahit) P.S. Case No.16 of 2019 registered under sections 376/354A

of the Indian Penal Code and under section 4/8 of the POCSO Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the victim aged 15

years after promising to marry her. It is further submitted that the allegations against the petitioner are all false. It is next submitted by the learned

counsel for the petitioner that in her statement recorded under section 164 Cr.P.C., the victim has supported the case of the prosecution. It is further

submitted that there was love affairs between the parties. It is next submitted that the petitioner has been in custody since 10.01.2020 as has been

mentioned in paragraph no. 10 of the bail application. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that there is direct allegation against the petitioner of

committing rape upon a minor girl of 15 years, hence there is every chance of the petitioner absconding, if released on bail. Hence, it is submitted that

the petitioner ought not be admitted to bail.

Considering the serious nature of allegation against the petitioner of committing rape upon a minor victim girl of 15 years, this Court is of the

considered view that this is not a fit case where the above named petitioner be admitted to bail. Accordingly, the prayer for regular bail of the above

named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the

precautions relating to COVID -19 Pandemic.