HEMANT KUMAR ALIAS HEMANT KUMAR TIWARI v. THE STATE OF JHARKHAND
B.A./3519/2025 · 2025-05-01
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11238 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11238 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:13117 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3519 of 2025
Hemant Kumar @ Hemant Kumar Tiwari, Aged about 29 years, son of Mahendra Tiwari. Resident of village Kutte, P.S. Sandi, P.O. Sikidiri, District -Ranchi.
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Bijay Kr. Mishra , Adv. For the State : Mr. Arup Ke. Dey, Addl. PP
02 / 01.05.2025 Heard the parties. The petitioner has been made accused in connection with Special POCSO Case No. 16 of 2025 instituted under Sections 74, 78 (2), 79 of the BNS, 2023 and Sections 8 and 10 of the POCSO Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner caused sexual assault upon the minor victim girl and also committed aggravated sexual assault upon her, being the Headmaster of the school, molested the victim. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been in jail custody since 10.01.2025, as mentioned in para 1 of this bail application and charge has already been framed against the petitioner in this case. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case and undertakes not to annoy or disturb the informant or the victim or the other witnesses of the case in any manner during trial of the case hence, the petitioner may be admitted to bail. Learned Addl. P.P. opposed the prayer for regular bail .
Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioner on bail. Hence, the court below is directed to release the petitioner 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 Judicial Commissioner IV-cum- Special Judge, POCSO, Ranchi in connection with Special POCSO Case No. 16 of 2025 with the condition that the petitioner will not annoy or disturb the informant or the victim or the other witness of the case in any manner during trial of the case and will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change the mobile phone number during the trial of the case.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-