SUBHAM KUMAR KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner above-named who is in custody since 8/11/2022 has moved this Court for grant of regular bail in connection with T. Tangar P.S. Case No.58 of 2022 (Spl. POCSO Case No.03 of 2023) registered under Ss. 376(DA), 341, 323, 325 and 34 of the Indian Penal Code and Sec. 4 and 8 of POCSO Act and later on Sec. 6/12 of POCSO Act. . Heard the parties. As per the case of prosecution, the matter involves gang rape of the victim- girl.

(2.) It is submitted by learned counsel for the petitioner that he was put on TIP, but was not identified by the victim although she identified three other accused persons. The DNA samples were sent for FSL examination, but till date the report has not been received despite the reminder. The victim girl has been examined as P.W.1 in which she has named only three persons involved in sexual assault and the petitioner does not figure in them. It is further submitted that the petitioner is not named in the FIR and his name got transpired during investigation. It is submitted that he does not have criminal antecedent.

(3.) Learned APP for the State has vehemently opposed the prayer. Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000.00 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case.