Pinku Kuraishi @ Sarfarz Alam vs State Of Jharkhand

Heard both the counsels.

The learned counsel for the petitioner has submitted that the petitioner is making his prayer for bail for the second time and that earlier his prayer for bail was rejected by this Court on 13.09.2023. The learned counsel has further submitted that the evidence of the victim and the mother is material. The learned counsel has further submitted that the victim herself in her cross-examination has deposed that she knew the petitioner from before because the petitioner used to come to the village for purchasing and selling of cattle. The learned counsel has further submitted that the victim has further deposed that due to this the villagers were annoyed and persuaded the victim to lodge a false case, which she had done under pressure. This witness has further deposed that the petitioner had never done anything against her. The learned counsel has also pointed out the deposition of the mother, who in her cross-examination has deposed that the accused-petitioner had never done any wrong against her daughter. Moreover, the petitioner is in custody since 26.02.2023. Therefore, the petitioner may be granted privilege of bail.

Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that the rape has been committed and that there are as many as nine prosecution witnesses, out of whom, only two prosecution witnesses have been examined and, therefore, it may be prudent to consider the prayer for bail after examination of the remaining prosecution witnesses.

Having gone through the records of the case and arguments in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act Cases, Chatra, in connection with POCSO Case No. 24 of 2023, subject to the conditions that the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court.