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2025 DAILYLAW 18797 (JHR)

BABLU MAHTO ALIAS AMAR KUMAR v. THE STATE OF JHARKHAND

B.A./5938/2025 · 2025-07-16

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:19476 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5938 of 2025 ------ Bablu Mahto @ Amar Kumar, aged about 30 years, son of Chintaman Mahto, resident of Village Manjhala Chumba, P.O.- Chumba, P.S. –Giddi, District –Hazaribag. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Praveen Shankar Dayal, Advocate For the State : Mr. Bishwambhar Shastri, Addl. P.P. ------ Order No.02 Dated- 16.07.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Mandu (W.B.) P.S. Case No.130 of 2025 registered for the offences punishable under sections 96 of the B.N.S., 2023 and under Section 4 & 8 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner procured the minor victim girl and committed penetrative sexual assault upon her. It is further submitted that the allegations against the petitioner are all false. It is next submitted by the learned counsel for the petitioner drawing attention of this Court to the statement of the victim recorded under Section 183 of the B.N.S.S. wherein the victim has stated that on the alleged night, she eloped with one Rahul Kumar and the petitioner is the brother-in-law of Rahul Kumar and the only allegation against the petitioner is that Rahul Kumar along with the victim stayed in the house of the petitioner. It is further submitted that there is no allegation against the petitioner of committing penetrative sexual assault upon the victim rather the same is upon the co-accused –Rahul Kumar. 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 03.06.2025, as has been mentioned in the impugned order dated 20.06.2025. 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 Sessions Judge, Ramgarh, in connection with Mandu (W.B.) P.S. Case No.130 of 2025 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/