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Judgment
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 Barkagaon P.S. Case No.179 of 2020 registered under sections
341/323/376(2)/448/313/504/506/34 of the Indian Penal Code and under section 6 & 8 of the POCSO Act, 2012.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the informant for
eight years on the pretext of marriage but did not marry her and caused her miscarriage without her consent. It is further submitted that the allegations
against the petitioner are all false and the informant is a major lady and there is an unexplained delay of about 10 years in lodging the F.I.R. It is then
submitted that the petitioner and the informant are neighbours and the allegation itself indicates that this is a case of consensual sexual relationship
between the parties. It is further submitted that this case has been falsely foisted to blackmail the petitioner. It is next submitted that the petitioner has
been in custody since 06.11.2020 as has been mentioned in paragraph no. 23 of the bail application. It is lastly submitted that the petitioner undertakes
to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly,
the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Hazaribagh, in connection with Barkagaon
P.S. Case No.179 of 2020 with the condition that he will cooperate with the trial of the case.