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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 Kolebira P.S. Case No.01 of 2020 (Spl. POCSO No.2 of 2020) registered under sections 363/376DA/506 of the Indian Penal Code and under Section 4/6/8 of POCSO Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed gang rape upon the minor victim girl. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the statement of the victim recorded under Section 164 Cr.P.C., it is submitted that the victim has not taken the name of the co-accused persons though the victim claimed to identify the persons who ravished her but the petitioner has not been put to T.I. Parade. It is next submitted that the story in the FIR is highly doubtful as the father of the victim who is the informant of the case has stated that the victim disclosed the name of the petitioner to him of having committed rape upon her. It is next submitted that the petitioner has been in custody since 02.01.2020 as has been mentioned in paragraph no. 1 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 A.S.J.-cum-Spl. Judge, POCSO Act, Simdega, in connection with Kolebira P.S. Case No.01 of 2020 (Spl. POCSO No.2 of 2020) with the condition that the petitioner will cooperate with the trial of
the case.