IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 12806 of 2021

Saddam Saudagar @ Mukhtar Alam.

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… Petitioner

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner

: Mr. Abhay Kumar Chaturvedy, Advocate

For the State

: Ms. Vandana Bharti, A.P.P.

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03/ 02.02.2022

Heard learned counsel for the applicant and learned A.P.P. for the State.

This bail application has been filed on behalf of the applicant–Saddam

Saudagar @ Mukhtar Alam with prayer to release on bail in connection with Nagar Untari

Mahila P.S. Case No. 08 of 2020 corresponding to POCSO Case No.53 of 2020, registered

under Sections 341/323/376D/506/34 of the Indian Penal Code and Section 4 of POCSO

Act, pending in the court of Special Judge, POCSO, Garhwa.

Learned counsel for the applicant has submitted that the F.I.R. of this case

was lodged by the informant herself against the 12 unknown persons with the allegation

that she along with her friends went with their brother Ugrasen Gupta and Shyam

Narayan Yadav by the motorcycle for making the Adhar Card. In order to respond call of

nature their motorcycle were stopped and in the meantime 12 unknown miscreants on

the four motorcycles already there and some of them caught of their brothers who were

standing nearby the motorcycle while the remaining caught hold the informant and his

friends. The informant and her friends both were gang raped by the accused persons.

Learned Counsel for the applicant has submitted that the F.I.R. of this case

was lodged against unknown persons. Name of the applicant was transpired during

investigation. Though the victims during T.I.P. had identified the appellant, yet during trial

both the victims have been declared hostile and they refused to identify the rapist who

had committed rape upon each of them. It is also further submitted that similarly situated

co-accused Sufrail Khan @ Suifrel Khan has been granted bail in B.A.No.9048 of 2021

vide order dated 29^th September, 2021 and Ali Raja @ Sonu @ Ali Raja Khan has been

granted bail in B.A.No.12943 of 2021 vide order dated 14.01.2022 by this Court and the

role of the applicant is identical.

Learned A.P.P. appearing on behalf of the State vehemently opposed the

contentions made by the learned counsel for the applicant and contended that victims

have identified the accused persons during T.I.P. Though during trial victims have been

declared hostile yet as per para 226 of the case diary the DNA profile generated from the

source of Spot B1c of exhibit marked-B1 (sourse: semen positive panty cuttings) is mixed

DNA profile from more than one human individuals out of which the male DNA profile

matched with the sourse of Exhibit marked-II (Sourse: Blood positive gauze piece cuttings

of Mukhtar Alam @ Saddam Saudagar) and the female DNA profile matched with the

2

sourse of Exhibit marked-X (sourse: Blood positive gauze piece cuttings of Rekha Kumari)

Though the victims during trial have been declared hostile and they stated

that they could not identify the rapist, yet victim Rekha Kumari was raped by the present

applicant is clear from the DNA profile report as per para 266 of the case diary as such

the applicant is not entitled to parity as claimed by him. Accordingly, the bail application

of the applicant is hereby rejected.

(Subhash Chand, J.)

P.K.S.