Neutral Citation No. ( 2025:JHHC:29967 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 317 of 2025 --- Md. Asfaque @ Md. Ashfak son of Abdul Shakur, resident of Gajkunda, PO Phuljhariya, PS Ahilyapur, District Giridih… … Appellant Versus The State of Jharkhand … … Respondent --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Appellant : Mr. Kamdeo Pandey, Advocate For the Respondent : Mr. Gautam Rakesh, A.P.P. --- 6/25.09.2025 I. A. No. 3637 of 2025: Heard Mr. Kamdeo Pandey, learned counsel for the appellant and Mr. Gautam Rakesh, learned A.P.P. for the State. This interlocutory application has been preferred by the appellant for condoning the delay of 553 days in filing this appeal. Having been satisfied with the reasons assigned in the application, the same is allowed and the delay of 553 days in filing this appeal is hereby condoned. I. A. No. 3637 of 2025 stands disposed of. Cr. Appeal (S.J.) No. 317 of 2025: This appeal is directed against the order dated 18.05.2023 passed in M.C.A. No. 853 of 2023 arising out of Giridih (Mahila) P. S. Case No. 6 of 2019 corresponding to Children P. S. Case No. 3 of 2023 by the learned Special Judge, POCSO Act, Giridih whereby and whereunder the prayer for bail of the appellant has been rejected. It appears that the prayer for bail of the appellant was earlier rejected on 31.07.2023 in Cr. Appeal (S.J.) No. 383 of 2023. Mr. Kamdeo Pandey, learned counsel for the appellant submits that the appellant was declared juvenile and so far as the co-accused Md. Musaraff is concerned, he has faced trial and convicted and he has been granted bail during the pendency of the appeal by the Hon’ble -2- Supreme Court. It has further been submitted that the appellant is in custody since 22.08.2020. Learned A. P. P. for the State has opposed the prayer made by the appellant. Pursuant to the order dated 25.04.2025, the status report has been received from which it appears that out of 18 charge-sheeted witnesses, only 1 witness has been examined so far. The same indicates that there is no chance of the trial being concluded in the near future. On consideration of the above apart from the period of custody undergone by the appellant, while setting aside the order dated 18.05.2023 passed in M.C.A. No. 853 of 2023 by the learned Special Judge, POCSO Act, Giridih, it is directed that the appellant above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, POCSO Act, Giridih in connection with Giridih (Mahila) P. S. Case No. 6 of 2019 corresponding to Children P. S. Case No. 3 of 2023, subject to the condition that one of the bailors should be the father of the appellant. This appeal is allowed. (Rongon Mukhopadhyay, J) R. Shekhar Cp 3