Dismissed

Deepak Prasad Alias Deepak Kumar Alias Deepak Kumar Gupta v. the State of Jharkhand

Jharkhand HC18 Jun 2019B.A./3860/2019

Case brief

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What is this about?

In bail application B.A. No. 3860 of 2019, the High Court of Jharkhand rejected the petitioner's prayer for regular bail in a rape case under IPC and POCSO, holding that he does not deserve bail due to direct allegations.

What did the court decide?

Petitioner's prayer for bail stands rejected in connection with Mahuadanr Mahila P.S. Case No.01 of 2018.

Deepak Prasad Alias Deepak Kumar Alias… — Child Sexual Offences (POCSO) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.3860 of 2019

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Deepak Prasad @ Deepak Kumar @ Deepak Kumar Gupta. .......... Petitioner.

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-VersusThe State of Jharkhand & Anr. .......... Opp. Parties.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Nilesh Kumar Gupta, Advocate For the State : APP ----- Order No.05 Date: 18.06.2019

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The petitioner is an accused in a case registered under Sections 376 DA and 34 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. The petitioner is not at all involved in commission of rape upon the victim/informant. There is contradiction between the written report of the informant and her statement recorded under Section 164 C.P.C. The doctor has not found any evidence of recent sexual intercourse with the victim. Other girls who were said to be with the victim on the alleged date of occurrence have also not supported the version of the informant. Though the alleged occurrence took place on 28^th October, 2018, yet the first information report was lodged by the victim/informant as late as on 7^th November, 2018.The petitioner is in judicial custody since 12^th November, 2018 and as such he may be given the privilege of regular bail.

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Learned APP while opposing the petitioner's prayer for bail submits that there is direct allegation against the petitioner and other coaccused persons of committing rape upon the victim/informant and as such the petitioner does not deserve the privilege of regular bail.

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Having heard learned counsel for the parties, I am not inclined to enlarge the petitioner, above named, on bail in connection with Mahuadanr Mahila P.S. Case No.01 of 2018.

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Accordingly, the petitioner’s prayer for bail stands rejected.

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(Rajesh Shankar, J.)

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Sanjay/

Deepak Prasad Alias Deepak Kumar Alias Deepak Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Deepak Prasad Alias Deepak Kumar Alias Deepak Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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