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2026 DAILYLAW 2929 (JHR)

RAJESH TUDU v. THE STATE OF JHARKHAND

B.A./644/2026 · 2026-04-08

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:10011 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 644 of 2026 Rajesh Tudu, son of Jay Tudu … … Petitioner Versus State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Anup Kr. Agarwal, Advocate For the Opp. Party : Mr. Rakesh Kr. Sinha, APP --- 03/08.04.2026 Heard the learned counsel for the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 08.06.2025 in connection with Sundarpahari P.S. Case No.32/2025, corresponding to Special (POCSO) Case No.66/2025, registered under Section 70(2) of Bhartiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012, thereafter charge has been framed against the petitioner on 19.07.2025 for offence under Section 70(2) of Bhartiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012, now pending in the court of learned Special Judge (POCSO), Godda. 3. The learned counsel for the petitioner has submitted that though there is serious allegation against the petitioner and he is named in the F.I.R, but the victim herself has turned hostile and has not identified the petitioner. The informant has also turned hostile. He has also submitted that even as per the FSL report, there is nothing matching to connect the petitioner with the alleged offence and Annexure – 2 is the medical report, which also does not support the prosecution case. The learned counsel for the petitioner submits that the petitioner is in custody since 08.06.2025 and that one co-accused namely Edward Marandi has been enlarged on bail by co-ordinate Bench of this Court in B.A. No. 9419 of 2025 vide order dated 10.12.2025. 4. The learned counsel for the State has opposed the prayer for 2026:JHHC:10011 2 bail, but does not dispute the submissions made by the learned counsel for the petitioner. 5. After hearing the learned counsels for the parties and considering the aforesaid submission and the fact that on similar ground of victim turning hostile, the other co-accused has been enlarged on bail by co-ordinate Bench, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/-(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Godda in connection with Sundarpahari P.S. Case No.32/2025, corresponding to Special (POCSO) Case No.66/2025, 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 will attend the court on each and every date and on account of even single default, the learned court shall cancel the bail bond furnished by the petitioner. (iv) 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. (v) The petitioner shall fully co-operate with the proceedings before the learned trial court. 6. The instant application is allowed with the aforesaid conditions. 7. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:08.04.2026 Saurav Date of Uploading:09.04.2026