IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 13111 of 2022

Michal Oraon @ Maikal Oraon

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...Petitioner/Applicant

Versus

The State of Jharkhand ...

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Opposite Party

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CORAM : HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner/applicant: Mr. Suraj Kishore Prasad, Advocate

For the State:

Mr. V.K. Sinha, A.P.P.

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04/Dated: 18.01.2023

Heard the parties.

The applicant, who is in custody since 06.03.2022, has approached

this Court for grant of regular bail.

The applicant is an accused of committing offence under Sections

376(DA), 379, 323, 354 & 34 of the Indian Penal Code and under Sections

04 & 06 of the POCSO Act. Later charges have been framed under

Sections 376D, 379/149, 323/149 & 354B/149 of the Indian Penal Code

and Section 6 of the POCSO Act.

It has been submitted by the counsel for the applicant that complete

set of FIR along with its enclosure have been annexed with this bail

application and there is no suppression on his part.

It appears that the applicant is aged about 19 years and is an

accused of committing gang rape with other co-accused.

Innocence of the applicant has been claimed and undertaking has

been given for participation in the trial. It has been submitted that all the

witnesses have been examined and none has taken the name of this

applicant and still the case has been kept pending awaiting the FSL report.

On the above basis, prayer for bail has been made.

Learned counsel for the State has opposed the prayer for bail.

Considering the above facts, the applicant, named above, is directed

to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten

Thousand Only) with two sureties of the like amount each to the satisfaction

of the learned Additional Sessions Judge-I-cum-Spl. Judge, POCSO,

Lohardaga, in connection with Spl. POCSO Case No. 27 of 2022 arising out

of Bhandra P.S. Case No. 12 of 2022, subject to condition that the applicant

will submit self-attested photocopy of his Aadhaar Card and also submit his

mobile number 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.)

VK