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2026 DAILYLAW 11699 (JHR)

BALRAM MAHTO v. STATE OF JHARKHAND

B.A./11029/2025 · 2026-02-18

Arun Kumar Rai

body2026

Judgment text

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2026:JHHC:4854 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11029 of 2025 1. Balram Mahto, Aged about 31 years, S/o Ashrun Mahto, R/o- Vill- Hesaguttu, P.O. & P.S.- Sisai, Dist.- Gumla, Jharkhand. 2. Pankaj Oraon, Aged about 29 years, S/o Baiju Oraon, R/o- Vill- Chetar, P.O. & P.S. Gumla, Dist- Gumla, Jharkhand. ..… Petitioners Versus The State of Jharkhand ..... Opposite Party --------- CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI --------- For the Petitioners : Mr. Mohit Prakash, Advocate For the State : Mr. Tarun Kumar, A.P.P. --------- Order No.04/ Dated 18th February, 2026 Heard the parties. 1. Petitioners have been made accused in connection with Gumla P.S. Case No. 222/2025 for the offences registered under Sections 70(2) of the BNS and under Section 6 & 10 of POCSO Act, pending in the Court of learned Exclusive Special Judge POCSO Court-Cum- Additional Sessions Judge-IV, Gumla. 2. Submission has been made on behalf of the petitioners that initially F.I.R. has been lodged against unknown persons and thereafter, these petitioners, on the disclosure statement of other co-accused, were arrested in the present case. He further pointed out that these petitioners were subjected to a TIP, wherein the victim did not identify them. The TIP Chart has been placed on record along with the supplementary affidavit filed on behalf of the petitioner. 3. It has also been pointed out that testimony of victim as well as statement of her mami got recorded before learned Trial Court, wherein the victim resiled from her earlier statement and her mami has also 2026:JHHC:4854 2 denied about the alleged incident. The respective testimony of above two witnesses who have been examined as P.W.-1 and P.W.-2 is also available on record. The petitioners are said to be in the judicial custody since 19.07.2025. Upon the aforesaid premise, prayer for bail has been made. 4. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners on the premise that the allegations against these petitioners are serious in nature and the case is at stage of investigation. 5. This Court perused carefully the TIP Chart as well as testimony of the victim available on record. 6. It transpires that these petitioners have not been identified by the victim during TIP and the victim resiled, from her earlier statement and has not uttered any allegations against the petitioners during recording of her testimony before the trial court. 7. Considering the above-said facts, this Court finds it a fit case to grant bail to the petitioners. Accordingly, the petitioners above named, are directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty-five thousand), each with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge POCSO Court-Cum-Additional Sessions Judge-IV, Gumla, in connection with Gumla P.S. Case No. 222/2025, subject to condition that petitioners shall remain physically present before the court concerned on each and every date of hearing till the conclusion of the trial. (Arun Kumar Rai, J.) Dated: 18th February, 2026 Rajnish/Suman-