Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:17572 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5227 of 2025
------ Mithun Yadav, aged about 22 years, son of Gopal Yadav, resident of village Jamua, P.O. and P.S. Belhar, District – Banka, Bihar.
… Petitioner
Versus
1. The State of Jharkhand
2. Victim
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Sheo Kr. Singh, Advocate
: Mr. J.N. Upadhyay, Advocate For the State
: Mr. Sanat Kr. Jha, Addl. P.P. ------
Order No.02 Dated- 01.07.2025
Heard the parties. The petitioner has moved this Court for grant of bail in connection with Burmamines P.S. Case No.72 of 2023 corresponding to Special POCSO Case No. 11 of 2024 registered for the offences punishable under sections 376(c) of the Indian Penal Code and under Section 4/6 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed aggravated penetrative sexual assault upon the minor victim girl. It is further submitted that the allegations against the petitioner are all false and the victim girl in her deposition in Special POCSO Case No. 11 of 2024 has categorically stated that no untoward occurrence took place with her and she was declared hostile and though the prosecution put her leading questions, still she has not supported the case of the prosecution. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para –13 of the bail application. It is next submitted that the petitioner has been in custody since 24.12.2023, as has been mentioned in paragraph no. 09 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb
the informant or the witnesses of the case in any manner during 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 Special Judge, Exclusive (POCSO) Act, Jamshedpur, in connection with Burmamines P.S. Case No.72 of 2023 corresponding to Special POCSO Case No. 11 of 2024 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.)
Sonu-Gunjan/