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Judgment
In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard
to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and
video clarity and quality.
The petitioner has been made an accused in connection with Ratu P.S .Case No. 56/2018 dated 11.04.2018, corresponding to POCSO Case No.
35/2018, registered under Section 302, 376 and 201 of the Indian Pendal Code and Section 4/6 of POCSO Act, pending in the Court of learned
Additional Judicial Commissioner-XVIII cum Special Judge POCSO, Ranchi.
Mr. A.K. Chaturvedy, learned counsel appearing for the petitioner submits that petitioner has not committed any offence and is innocent and petitioner
has been falsely implicated in the instant case. The First Information Report has been lodged against unknown person. He further submits that during
the course of investigation, some witnesses disclosed that one year prior to the occurrence, the petitioner had teased the deceased and as such,
suspicion was raised against the petitioner and on that basis, he has been made an accused. He further argues that there is no eye witness to the
alleged occurrence and also there is no legal evidence to connect the petitioner in the alleged occurrence. The petitioner is in judicial custody since
06.11.2019. The petitioner is ready to abide by such terms and condition, which may be imposed upon him for grant of bail. On such grounds, learned
counsel for the petitioner prays for bail.
Mr. Suraj Verma, leaned APP vehemently opposes the prayer for bail of the petitioner and submits that considering the seriousness and gravity of the
offence, the petitioner does not deserve bail as a minor daughter of the informant was murdered after committing rape and the guilt has been
confessed. Charges have been framed and one witness has also been examined.
Considering the seriousness and gravity of the offence and also in view of the fact that minor daughter of the informant was murdered after
committing rape, I am not inclined to release the petitioner on bail at this stage. Accordingly, bail application stands rejected.