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2025 DAILYLAW 16286 (JHR)

AJIT MANDAL v. THE STATE OF JHARKHAND

B.A./4827/2025 · 2025-06-19

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:16151] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4827 of 2025 ------ Ajit Mandal, aged about 19 years, son of Anil Mandal, Resident of Shivpur, Ward No.2, P.O. and P.S.- Godda (M), District- Godda .... .... …. Petitioner Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate Mr. Rohan Mazumdar, Advocate For the State : Ms. Bandana Sinha, Addl.P.P For the Informant : Mr. Pankaj Kr. Choudhary, Advocate ------ Order No.02 Dated- 19-06-2025 Heard the parties. The petitioner has been made accused in connection Godda (Town) P.S. Case No.173 of 2024 (Special POCSO Case No.71 of 2024) registered for the offences punishable under Section 65, 70 (2) and 96 of the B.N.S., 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon a woman below 16 years of age and procured the minor victim girl and committed aggravated sexual assault upon the victim. It is submitted that the allegation against the petitioner is false. It is next submitted that during the trial of the petitioner, seven (7) witnesses have been examined and the victim who was examined as P.W.-2 has categorically stated that no occurrence occurred with her and out of fear she got the case instituted and she knows the petitioner, only because the petitioner is her classmate. It is further submitted that the other witnesses have also not supported the case of the prosecution. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case and that he will not annoy or disturb the informant and other witnesses of the case during the trial of the case. It is lastly submitted that the petitioner has been in custody since 13.07.2024 as is evident from para-12 of the instant bail application. Hence it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State and the learned counsel for the informant oppose the prayer for bail. Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 Sessions Judge-1st-cum Special Judge (POCSO), Godda in connection with Godda (Town) P.S. Case No.173 of 2024 (Special POCSO Case No.71 of 2024) with the condition that he will co-operate with the trial of the case, furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and will not annoy or disturb the informant and other witnesses of the case during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/