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2026 DAILYLAW 17868 (JHR)

ATISH KUMAR KHERWAR v. THE STATE OF JHARKHAND

B.A./5795/2026 · 2026-06-25

Anubha Rawat Choudhary

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Judgment text

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( 2026:JHHC:18719 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5795 of 2026 1. Atish Kumar Kherwar 2. Rajram … … Petitioners Versus The State of Jharkhand … … Opp. Parties --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Ajeet Kumar Singh, Advocate For the Opp. Party : Ms. Kumari Rashmi, APP --- 04/25.06.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody in connection with POCSO Case No. 55 of 2025, arising out of Raidih P.S. Case No. 60 of 2025, for the offences registered under Sections 37(2), 75,115(2), 3(5) of the B.N.S. 2023, pending in the court of learned Exclusive Special Judge, POCSO Court, cum Additional Sessions Judge IV, Gumla. 3. Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2025 and has no criminal antecedent. He has also submitted that as per the allegation, the auto driver is the only named accused. So far as other two persons are concerned, they are just the co-riders in the Auto and the petitioner has been falsely implicated in this case. The petitioner was not put on T.I.P. rather it has come that the victim jumped from the auto. No T.I.P. was conducted. The victim has already been examined, but no specific allegation has been made by the victim against the petitioner in her deposition. The learned counsel has also submitted that some of witnesses have also turned hostile. 4. Learned counsel for the opposite party-State has opposed the prayer and has submitted that the victim is a minor. 5. After hearing the learned counsel for the parties and considering the fact that T.I.P. was not conducted, the petitioner is not named in the FIR and is in custody since 05.09.2025, the petitioner above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five thousand) with two sureties of ( 2026:JHHC:18719 ) 2 the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO Court, cum Additional Sessions Judge IV, Gumla, in connection with POCSO Case No. 55 of 2025, arising out of Raidih P.S. Case No. 60 of 2025 on the following conditions: (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) The petitioner shall not disturb the victim or her family members in any manner whatsoever. (iv) The petitioner will attend the court on each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner. (v) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court. (vi) The petitioner shall fully co-operate with the proceedings before the learned court below. 6. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e- mail. 7. The instant bail application is allowed with the aforesaid conditions. (Anubha Rawat Choudhary, J.) Dated: 25.06.2026 Uploaded on 25.06.2026 Binit/