Petitioner accused under POCSO and IPC sections sought regular bail citing delay. Court rejected bail application, declining to enlarge petitioner pending conclusion of proceedings.
Prayer for regular bail rejected; petitioner remains in judicial custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4593 of 2019
Kundan Kumar @ Kartik Kumar Kundan ….. Petitioner
----For the Petitioner: Mr. N. K. Gupta For the State: Mr. Ravi Prakash, A.P.P -----
06/13.08.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 376DA/34 IPC and Sections 4/8 of the 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. There is inordinate delay in lodging of the F.I.R and the said fact shows afterthought on the part of the informant. The petitioner is in judicial custody since 12.11.2018 and as such he 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, co-accused Avinash Baraik and Deepak Kumar of committing gang rape upon the victim. 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 above named petitioner is rejected.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner charged with offences under Sections 376DA IPC and POCSO Act should be granted regular bail.
Kundan Kumar @ Kartik Kundan
State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
