Petitioner challenged bail in POCSO/rape case. Court rejected prayer, upholding allegations of rape against minor and denying bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4086 of 2019
Indrajit Kumar Paswan @ Indrajit Kumar Adisan ….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. Anil Kumar For the State: Ms. Anuradha Sahay, A.P.P
04/24.07.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Section 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 with malice and due to village politics. The petitioner is a student aged about 22 years and is in judicial custody since 13.09.2018. 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 there is direct allegation against the petitioner of committing rape upon the victim girl. The statement of the victim girl has been recorded under Section 164 Cr.P.C wherein she has clearly stated that the petitioner caught hold of her, pressed her mouth and committed rape upon her. The Medical Board has assessed the age of the victim girl as 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 in connection with Chhattarpur (Mahila) P.S. Case No. 06/2018.
Accordingly, the prayer for bail of the above named petitioner is rejected.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a rape case under Section 376 IPC and POCSO Act.
Whether the allegations of rape against a minor victim warrant denial of bail.
Indrajit Kumar Paswan @ Indrajit Kumar Adisan
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
