Jharkhand High Court
Habibur Shaikh @ Habibur Shekh vs The State Of Jharkhand ... Opposite ... on 23 November, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.2519 of 2020
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Habibur Shaikh @ Habibur Shekh ... Petitioner Versus The State of Jharkhand ... Opposite Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Sanat Kr. Jha, Adv.
For the State : Mr. Naween Kr. Singh, Addl. P.P.
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04 /23.11.2020 Heard the parties through video conferencing.
The petitioner has been made accused in connection with Pakur (Mufassil) P.S. Case No.100 of 2019 corresponding to POCSO Case No.15 of 2019 registered under Sections 354D and 354A of the Indian Penal Code and Section 08 of POCO Act, 2012.
Learned counsel for the petitioner submits that the charge- sheet has been submitted by the police against the petitioner for having committed the offence punishable under Section 376 (D) of the Indian Penal Code and Section 04/08 of POCSO Act. Drawing attention of this Court towards page-7/8 of the supplementary affidavit dated 08.07.2020, which is the copy of the certified copy of the petition filed by the informant in the court of Additional Sessions Judge-I, Pakur, learned counsel for the petitioner submits that the petitioner has no connection with the crime of rape committed upon her and the informant never made any allegation against the petitioner. It is also submitted that the petitioner never intended the informant to be the accused of the case and it is a case of mistaken identity. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner is ready and willing to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since the year 2019. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged 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 learned Additional Sessions Judge-1st, Pakur in connection with Pakur (Mufassil) P.S. Case No.100 of 2019 corresponding to POCSO Case No.15 of 2019 with the condition that he will co-operate with the trial of the case.
Animesh/ (Anil Kumar Choudhary, J.)