Single judge dismissed bail application of an accused in a Section 376 IPC/POCSO case due to the grave nature of the allegation and the victim's age. The court refused release.
Petitioner's prayer for bail dismissed; petitioner not released on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 80 of 2018
Dilip Kumar Mehta … … … Petitioner
Versus
The State of Jharkhand … … ... Opp. Party.
CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
----For the petitioner: Mr. Shailendra Jit, Advocate. For the State: Addl. P.P.
04/06.04.2018. Heard learned counsel for the petitioner.
Learned Addl. P.P. for the State opposes the prayer.
The petitioner is an accused in connection with Ichak P.S. Case No. 89 of 2017, corresponding to G.R. No. 1527 of 2017, for the offence punishable under section 376 of the Indian Penal Code and under section 4 of the POCSO Act, pending in the Court of the learned Addl. Sessions Judge-1-cum-Spl. Judge (POCSO), Hazaribagh.
The informant is 16 years' old, who is alleged to have been sexually assaulted by this petitioner.
Taking into consideration the allegation leveled against the petitioner and the fact that the informant is 16 years' old, I am not inclined to release the petitioner, namely, Dilip Kumar Mehta, on bail. Accordingly, this application is dismissed.
(Ananda Sen, J)
Sharma/
1 issue framed by the court
Whether the petitioner, accused of sexually assaulting a 16-year-old child, should be released on bail.
2 provisions across 2 enactments
Dilip Kumar Mehta
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
