Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:22692] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6702 of 2025
------ Damodar Murmu, aged about – 20 yrs, S/o. Late Lusa Murmu, R/o. Tangrani, P.O.- Tangrani, P.S.- Rajnagar, Dist: Seraikell- Kharsawan, Jharkhand. .... .... …. Petitioner
Versus The State of Jharkhand
.... .... …. Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Abhishek Kr. Dubey, Advocate
For the State
: Mr. Someshwar Roy, Addl.P.P
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Order No.02 Dated- 08-08-2025
Heard the parties.
The petitioner has been made accused in connection with Rajnagar P.S. Case No.62 of 2023 (POCSO Case No.01 of 2024) registered under Section 376/376 (D) of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons committed gang rape upon the minor victim girl and committed aggravated penetrative sexual assault upon her. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards the deposition of the P.W.-1- who is the victim of POCSO Case No.01 of 2024 of the court of learned Special Judge, Special POCSO Case in Saraikella- Kharsawan, learned counsel for the petitioner submits that the victim has stated her age to be 19 years and her age has also been assessed as 19 years by the learned Special Court and also in her deposition the victim has categorically stated that no occurrence as alleged in the F.I.R., has taken place and she was declared hostile. It is next submitted that even though the prosecution put leading questions to her but still she did not support the case of the prosecution. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the co- accused, with similar allegations, has already been admitted to bail by a co-
ordinate Bench of this Court vide order dated 03.10.2024 passed in B.A. No.8744 of 2024. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 09.11.2023 as is evident from para-05 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes 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 Sessions Judge-I-cum-Special Judge, POCSO, Seraikella in connection with Rajnagar P.S. Case No.62 of 2023 (POCSO Case No.01 of 2024) with the condition that he will co-operate with the trial of the case and 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.
(Anil Kumar Choudhary, J.) Rohit/