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2025 DAILYLAW 4530 (JHR)

MD RAISH v. THE STATE OF JHARKHAND

B.A./1170/2025 · 2025-02-28

Rajesh Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1170 of 2025 ---- Md. Raish, aged about 24 years, Son of Md. Sanauvar, Resident of Village – Banachak, P.O.-Parasauni & P.S.-Itkhori, District-Chatra. …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)/Applicant(s) : Mr. Agnivesh, Adv. Ms. Anshu Kumari, Adv. For the State : Mr. Shree Prakash Jha, A.P.P. ---- 02/Dated: 28th February, 2025 1. Heard learned counsel for the applicant and learned counsel for the State. 2. The applicant who is in custody since 14.05.2023 has renewed his prayer for grant of regular bail in connection with POCSO Case No.39 of 2023 arising out of Itkhori P.S. Case No.39 of 2023, registered for the offence under Sections 363, 366-A of the Indian Penal Code and under Sections 4/6 of the POCSO Act, pending in the court of learned Additional District Judge-I-cum-Special Judge (POCSO Act), Chatra. 3. It appears that it is third attempt. Earlier the prayer for bail of the applicant has been dismissed as withdrawn vide order dated 07.02.2024 in B.A. No.7883 of 2023 and vide order dated 18.10.2024 in B.A. No.6317 of 2024 has been dismissed by this Court. Further, it appears that the victim/girl is just below the age of 17 years. 4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part. 5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that all the witnesses have been examined including the victim. On the above basis, prayer for bail has been made. 6. Learned counsel for the State has opposed the prayer for bail. 7. Considering the factual matrix of this case, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be Page | 2 B.A. No.1170 of 2025 released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-I-cum-Special Judge (POCSO Act), Chatra in connection with POCSO Case No.39 of 2023 arising out of Itkhori P.S. Case No.39 of 2023, subject to condition that the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court. (Rajesh Kumar, J.) Amar-Ravi/- Uploaded