Dismissed

Chandan Kumar Saw Alias Chhoti Sao v. the State of Jharkhand

Jharkhand HC2 May 2019Cr.A(SJ)/237/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed the appeal against the rejection of the appellant's regular bail in a POCSO case. Finding no infirmity in the lower court's order upheld the bail rejection, noting full support of prosecution witnesses and the victim.

What did the court decide?

The appeal was dismissed and the bail application of the appellant was not enlarged.

Chandan Kumar Saw Alias Chhoti Sao Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.Appeal (SJ) No. 237 of 2019

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Chandan Kumar Saw @ Chhoti Sao …Appellant -V e r s u s- The State of Jharkhand ... Respondent

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CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Appellant :- Mr. Vijay Kumar Roy, Advocate For the State :- Mr. Vikash Kishore, A.P.P.

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05/02.05.2019 The present appeal has been filed on behalf of the appellant under Section 101 (5) of the Juvenile Justice (Care & Protection of Children) Act, 2015 against the order dated 20.11.2018 passed by the Special Judge, POCSO Act-cumChildren Court, Giridh in connection with M.C.A. No. 401 of 2018 arising out of Giridih (M) Case No. 143 of 2018 corresponding to G.R. Case no. 20 of 2018 for the offences under Sections 376/34 of I.P.C. and Section 4/8 of POCSO Act, whereby the regular bail application of the appellant has been rejected.

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Learned counsel for the appellant while assailing the impugned order dated 20.11.2018 passed by the learned Special Judge, POCSO Act-cum-Children Court, Giridh submits that the bail application of the petitioner has been erroneously rejected by the said court as nothing has come during the investigation that the appellant had been involved in such activities prior to the alleged occurrence. The learned court below also failed to appreciate that there was old enmity between the appellant’s family and the family of the victim girl. The appellant is in judicial custody since 02.05.2018 and therefore, he may be given privilege of regular bail.

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Learned A.P.P. while opposing the appellant’s prayer for regular bail submits that the learned court below has rightly rejected the bail application of the appellant considering the fact that during the investigation, the witnesses have fully supported the prosecution case. Even the victim girl who is aged about 5

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-2-

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years, has also fully supported the case of prosecution in her statement recorded under Section 164 of Cr.P.C.

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Having heard the learned counsel for the parties and on perusal of the materials available on record, I see no infirmity in the order dated 20.11.2018 passed by the Special Judge, POCSO Act-cum-Children Court, Giridh in connection with M.C.A. No. 401 of 2018 arising out of Giridih (M) Case No. 143 of 2018 corresponding to G.R. Case no. 20 of 2018. As such, I am not inclined to enlarge the appellant on bail.

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The present appeal is accordingly dismissed.

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(Rajesh Shankar, J.)

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Ritesh

Chandan Kumar Saw Alias Chhoti Sao v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chandan Kumar Saw Alias Chhoti Sao v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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