Jharkhand High Court
Mukesh Turi @ Mukesh Kumar Turi vs The State Of Jharkhand .... .... ... on 18 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3953 of 2022
------
Mukesh Turi @ Mukesh Kumar Turi .... .... .... Petitioner Versus The State of Jharkhand .... .... ....Opposite Party
------
Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
------
For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. Sanat Kr. Jha, Addl.P.P
------
Order No.05 Dated- 18.07.2022 Heard learned counsel for the parties.
Apprehending his arrest in connection with Jorapokhar P.S. Case No. 126 of 2021 (Special POCSO Case No.102 of 2021) instituted under Sections 341, 354, 354-B, 323, 506, 509/34 of the Indian Penal Code and Sections 8/18 of POCSO Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per F.I.R., the allegation is that on 06.04.2021, the minor daughter of the informant was returning from the house of her maternal uncle, in the meanwhile, petitioner pulled out her dupatta and forcibly dragged towards his house and misbehaved with her and tried to outrage her modesty. It is further alleged that petitioner along with other co-accused persons assaulted the victim and her parents and caused injuries to them.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in F.I.R. It is further submitted that for the selfsame occurrence, earlier an F.I.R. bearing Jorapokhar P.S. Case No.85 of 2021 registered under Section 341, 323, 325, 324, 307, 354, 147, 148, 149 of IPC and Section 3(1)(x) of SC/ST Act was lodged by petitioner against the informant and the present case was instituted by informant on the basis of complainant filed before the court below and the F.I.R. was registered on 28.06.2021, this case is a counter blast of the case already instituted by petitioner in which petitioner sustained grievous injuries dangerous to life. Petitioner has no criminal antecedent. In case of his arrest at the hands of police, petitioner shall suffer substantial loss to his reputation and in future career also. It is further submitted that petitioner undertakes that he will not indulge in tampering with the prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is direct allegation against petitioner that he has deliberately pulled out the dupatta of the minor victim and dragged her towards his house and attempted to outrage her modesty. Hence, petitioner may not be extended privilege of anticipatory bail.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I feel inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cum- Special Judge POCSO, Dhanbad in connection with Jorapokhar P.S. Case No. 126 of 2021 (Special POCSO Case No.102 of 2021) with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/