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2025 DAILYLAW 31334 (JHR)

AASMAN KHANDAIT v. THE STATE OF JHARKHAND

B.A./75/2025 · 2025-03-07

Pradeep Kumar Srivastava

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.75 of 2025 ------ Aasman Khandait, aged about 27 years, S/o Mahendra Khandait, R/o Village-Chuwada, P.O. -Siringsiya, P.S.-Siringsiya, District- West Singhbhum, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party ------ Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Petitioner : Mr. Mukesh Kumar Dubey, Advocate For the State : Mrs. Ruby Pandey, Addl.P.P Order No.07 Dated- 07.03.2025 1. Heard learned counsel for the parties. 2. The petitioner has been made accused in connection with Hatgamharia P.S. Case No. 26 of 2023, corresponding to Spl. POCSO Case No.40 of 2023 registered under section 376, 511 of IPC and sections 7 & 8 of Protection of Children from Sexual Offences Act. 3. Learned counsel for the petitioner has submitted that earlier the prayer for regular bail of the petitioner has been rejected by this Court on merits vide order dated 05.07.2024 passed in B.A. No.3895 of 2024 with observation to renew his bail application after three months, if the trial is not concluded. It is further submitted that more than six months has lapsed after rejection of regular bail being B.A. No.3895 of 2024 of the petitioner and the trial is still going on in slow motion. The petitioner is languishing in judicial custody since 01.09.2023 without any rhymes and reasons. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence the petitioner may be enlarged on bail. 4. Learned Addl. P.P. has vehemently opposed the prayer for bail of the petitioner. 5. Considering the facts and circumstances of this case, it appears that out of 14 charge-sheeted witnesses, 4 witnesses have been examined at the time of earlier rejection of bail application of the petitioner dated 05.07.2024 and the trial is still pending for 2 examination of only two witnesses including the Investigating Officer since long, therefore, considering the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judge-1-cum-Special Judge (POCSO), West Singhbhum at Chaibasa in connection with Hatgamharia P.S. Case No. 26 of 2023, corresponding to Spl. POCSO Case No.40 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. (Pradeep Kumar Srivastava, J.) Pappu/