Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15449 p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2988 of 2025
Satyendra Bhagat aged about 22 years, son of Nandev Tana Bhagat @ Nandev Bhagat, resident of village-Labarpur, P.O.- Labarpur, P.S.+District- Latehar, Jharkhand.
… Petitioner
Versus The State of Jharkhand
… Opposite Party
Coram:HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Nandan Prasad, Adv. For the State : Mr. Pankaj Kumar, P.P.
Order No.03/Dated- 13.06.2025
Heard learned counsel for the parties.
2. The petitioner has been made accused in connection with Special POCSO Case No. 03 of 2024 arising out of Latehar P.S. Case No. 212 of 2023 registered for offences punishable under Sections 376(1), 376(2)(n), 504, 506 of the I.P.C. and 4/6 of POCSO Act which is pending in the Court of Learned Special Judge POCSO at Latehar.
3. As per the written application, it is alleged by the informant/victim that on 30.04.2023, when victim had gone to participate in the marriage ceremony, the petitioner took her inside bushes and committed rape with her and fled away.
4.
Learned counsel for the petitioner has submitted that earlier bail application of the petitioner was rejected on merits and later on charge has been framed and out of 08 charge-sheeted witnesses, 04 witnesses including the victim and her father were examined but have not supported the prosecution story. The victim has also declined to identify the accused. Under such circumstances, petitioner may be enlarged on bail as petitioner is in prolonged custody since 20.10.2023. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.
2025:JHHC:15449 p. 2 5. Learned Addl. P.P. has opposed the prayer for bail of the petitioner on the ground of earlier rejection on merits.
6. Considering the rival submission of the parties, it transpires that in course of trial, the victim has been declared hostile and the acquisation levelled against the petitioner has been denied. The petitioner is under prolonged custody, I am inclined to release the above-named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty-thousand) with two sureties of the like amount each to the satisfaction of Learned Special Judge POCSO at Latehar in connection with Special POCSO Case No. 03 of 2024 arising out of Latehar P.S. Case No. 212 of 2023 ,subject to the conditions:
(1). Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the Learned Trial Court.
(2). Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.
(3). Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.
(Pradeep Kumar Srivastava, J.) Amar/-