Single justice bail rejection order in a POCSO matter. Court rejected the petitioner's bail application in a gang rape case involving a minor, citing the severity of allegations and lack of merit for release.
None. Bail application rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 13264 of 2021
Bande Oraon ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. --- Order No. 02 Dated 14th December, 2021
Heard the learned counsel appearing for the respective parties. Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with Bhandra P.S. Case No. 62 of 2020 (Special POCSO Case No. 32 of 2020), pending before the court of learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Lohardaga.
The informant was subjected to gang rape by four unknown accused who were acquainted with Tiger Oraon @ Sumit Oraon.
In the 164 Cr.P.C. statement of the informant, she has supported the occurrence. The petitioner appears to have been identified by the informant in Test Identification Parade.
Regard being had to the above, I am not inclined to grant bail to the petitioner and the same is hereby rejected.
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether bail can be granted to the accused in a gang rape case under the POCSO Act.
Whether the petitioner has a prima facie case for bail considering the gravity of the charges.
Bande Oraon
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
