In a bail application under B.A. No. 6268 of 2019, the High Court of Jharkhand rejected the petitioner's prayer due to allegations of exploiting a minor. The court ordered the trial court to conclude the trial at the earliest.
Bail rejected; direction to conclude trial at the earliest.
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. 6268 of 2019
---Sanoj Kumar. ... .Petitioner Versus The State of Jharkhand. ..... Opposite Party ----
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Dilip Kumar Jaiswal, Advocate For the State : APP -----
07/18.11.2019 Heard the parties.
The petitioner is an accused in connection with Hazaribagh Sadar P.S. Case No. 60 of 2019, corresponding to Spl. POCSO Case No. 15 of 2019.
It has been alleged that the petitioner had established physical relationship with the informant on the pretext of marriage. Subsequently, he denied to solemnize marriage. In the statement of the victim recorded under section 164 of Cr.P.C, she has narrated the detailed account of the physical relationship established by the petitioner on various pretext and on various excuses. Although learned counsel for the petitioner has submitted that the medical report suggests that the age of the victim is 20 years but as per the Aadhar Card, the victim seems to be minor on the date of occurrence.
In view of the statement of the victim recorded under section 164 of Cr.P.C., it appears that the petitioner had exploited a minor girl by various assurances which the petitioner had subsequently resiled from.
In view of the above, I am not inclined to grant bail to the petitioner. Hence his prayer for bail is accordingly rejected with a direction to the learned trial court to conclude the trial at the earliest.
(Rongon Mukhopadhyay, J)
Rakesh/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused in a POCSO case.
Whether the allegation of exploiting a minor by false assurance warrants denial of bail.
Whether the medical report age is relevant when Aadhar Card suggests the victim is a minor.
1 provisions across 1 enactments
Sanoj Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
