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Jharkhand High Court

Mukesh Kumar @ Mukesh Mahi vs The State Of Jharkhand ... ...Opp. ... on 23 August, 2023

Author: Rajesh Kumar

Bench: Rajesh Kumar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 B.A. No.5712 of 2023
                Mukesh Kumar @ Mukesh Mahi          ...      ...Petitioner(s)/Applicant(s)
                                             Versus
                The State of Jharkhand               ...     ...Opp. Party(s)
                                               ---

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

---

For the Petitioner(s)/Applicant(s) : Mr. S.P. Roy, Adv.

                For the State                       : Mr. Sardhu Mahto, A.P.P.
                                               ---
04/23.08.2023:            Heard the parties.

2. The applicant, who is in custody since 27.09.2022 has renewed the prayer for grant of regular bail in connection with Godda Nagar P.S. Case No.260 of 2022 (Special POCSO Case No.84 of 2022), registered for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302, 504 and 506 of the Indian Penal Code and under Section 12 of the POCSO Act.

3. It appears that the applicant is accused of committing murder.

4. Earlier the prayer for bail of the applicant(s) has been rejected vide order dated 29.03.2023 passed in B.A. No.08 of 2023.

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 charge has been framed on 12.12.2022 and some of the witnesses have been examined. The allegation is general and omnibus in nature. On the above basis, prayer for bail has been renewed.

6. On the other hand, learned A.P.P. has opposed the prayer for bail.

7. Considering the fact that witnesses have not assigned any specific role to this applicant, I am inclined to enlarge the applicant (s) on bail. Accordingly, the applicant(s), above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-I-cum-Special Judge (POCSO), Godda, in connection with Godda Nagar P.S. Case No.260 of 2022 (Special POCSO Case No.84 of 2022) on the condition that the applicant(s) will submit self- attested photocopy of his Aadhaar Card(s) and also submit his mobile number(s) before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.) Ravi/-