Bail petition by petitioner accused under IPC and POCSO Act dismissed. Court rejected claim of false implication and malice. Victim's statement and medical report weighed heavily. Regular bail refused.
Prayer for regular bail rejected; petitioner not enlarged on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 3230 of 2019
Prakash Yadav @ Prakash Kumar Yadav ….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. S. K. Singh For the State: Mr. P. K. Jaiswal, A.P.P
05/06.08.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 366(A)/376 IPC and Sections 4/8 of POCSO Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. The petitioner has been roped in the present case due to malice on the part of the informant. The petitioner is in judicial custody since 22.10.2018 and the charge against him has already been framed. As such, the petitioner may be given the privilege of regular bail.
Learned A.P.P while opposing the petitioner’s prayer for bail, submits that the statement of the victim girl has been recorded under Section 164 Cr.P.C in which she has fully supported the version of the F.I.R. The medical report of the victim also suggests that she is aged about 14-16 years. As such, the petitioner may not be given the privilege of regular bail.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the abovenamed petitioner is rejected.
(RAJESH SHANKAR, J)
Satish/-
3 issues framed by the court
Whether the petitioner accused in offences under Sections 366(A)/376 IPC and POCSO Act is entitled to regular bail given false implication allegations and judicial custody duration.
Whether the victim's statement under Section 164 Cr.P.C. and medical report preclude the granting of regular bail in a POCSO case.
Whether the petitioner's claim of malice by the informant is a ground to grant bail.
Prakash Yadav
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
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