In a special POCSO case, the petitioner, son-in-law of the victim's informant, was accused of sexually abusing a child found in the bush. The single-judge High Court refused bail, holding that the nature of the allegations precluded such relief.
Bail prayer rejected; petitioner imprisoned.
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. 105 of 2020
Md. Ataullah Mallik @ Ataullah … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate For the Opp. Party : Ms. Nehala Sharmin, A.P.P.
04/23.01.2020 Heard Mr. Jitendra Nath Upadhyay, learned counsel for the petitioner and Ms. Nehala Sharmin, learned A.P.P. for the State.
Petitioner has been made accused in connection with Special (POCSO) P.S. Case No. 64 of 2019, Jugsalai P. S. Case No. 79 of 2019.
The petitioner is the son-in-law of the informant who is residing as a Gharjamai . It has been alleged that the petitioner was always eyeing the property of his in-laws. On 09.06.2014 the informant had found a child in the bush and started taking care of her. The petitioner is alleged to have sexually abused the child. In the 164 CrPC statement of the victim, she has described the obscene and immoral act of the petitioner.
Regard being had to the nature of allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is, hereby, rejected.
(Rongon Mukhopadhyay, J.)
Umesh/-
2 issues framed by the court
Whether bail should be granted to the petitioner accused of sexual abuse of a child.
Whether the nature of allegations against the petitioner warrants rejection of bail.
1 provisions across 1 enactments
Md. Ataullah Mallik @ Ataullah
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
