Single judge of High Court of Jharkhand rejected bail petition filed by accused under IPC 376 and POCSO for alleged sexual assault on a minor, dismissing claims of FIR delay.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 448 of 2018
1.Sanjay Oraon 2.Ajay Oraon ….. Petitioners -V e r s u s-
The State of Jharkhand ….. Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioners : Mr. K.S.Nanda, Advocate For the State : A.P.P
7/3.07.2018 Heard learned counsel for the parties.
Learned Addl. P.P. opposes the prayer for bail.
The petitioners are accused for allegedly committing offence punishable under Section 376 of the Indian Penal Code, Section 4/5(j) (ii) of Protection of Children from Sexual Offences Act. Learned counsel for the petitioners submits that there is inordinate delay in lodging the F.I.R. He submits that at that time the petitioners were not present in the village as such this false case has been registered against these petitioners.
After going through the F.I.R, I find there is allegation of commission of rape on these petitioners upon 16 years old special child.
In that view, I am not inclined to grant privilege of bail to these petitioners. Accordingly, the prayer for bail of these petitioners named above, in connection with Mahila (Sisai), P.S. Case No. 21 of 2017, corresponding to G.R. No. 771 of 2017 pending in the court of learned District and Additional Sessions Judge-I, Gumla are hereby rejected.
Thus, this application stands dismissed.
(Ananda Sen, J.)
Amar/cp3
2 issues framed by the court
Whether bail should be granted to accused alleged of sexual offences against a child despite claimed FIR delay.
Whether allegations of rape on a 16-year-old special child preclude granting bail.
Sanjay Oraon
Ajay Oraon
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
