This is a bail application in a POCSO and IPC case involving alleged sexual teasing. The High Court allowed bail subject to conditions regarding surety relations and an undertaking not to commit such crimes.
Petitioner released on bail with Rs. 10,000 bond and two sureties of equal amount who must be relatives.
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. 2252 of 2021
Laxman Mishra …… Petitioner Versus The State of Jharkhand …… Opposite Party ----CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Vishwanath Roy, A.P.P.
04/21.10.2021
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Chas (Mahila) P.S. Case No. 46 of 2019 corresponding to Special POCSO Case No. 15 of 2020 registered under Section 354 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
It is submitted by the learned counsel for the petitioner that petitioner is innocent and the petitioner is alleged to have teased the minor girl of the informant with bad intention. It has been further submitted that the petitioner is in custody since 05.12.2019 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail. It is submitted that petitioner is said to have touched the body of the daughter of the informant and hence, prayer for bail of the petitioner may be rejected.
It appears from the FIR that the petitioner is said to have teased the daughter of the informant. It appears from the impugned order dated 24.07.2020 passed by the learned Court below that the victim girl had not been examined by that date. Petitioner is in custody since 05.12.2019.
Considering the custody of the petitioner and on the facts and circumstances of this case, the petitioner namely Laxman Mishra is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st –cum-Special Judge, Bokaro in connection with Chas (Mahila) P.S. Case No. 46 of 2019 corresponding to Special POCSO Case No. 15 of 2020 subject to the conditions that both the bailors must be own relative of the petitioner and petitioner must file an Undertaking not to get indulged in such type of crime in future again, otherwise prosecution will be at liberty to take steps for cancellation his bail and the petitioner shall appear on each and every date in the Court below till the conclusion of the trial.
(Sanjay Prasad, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner qualifies for bail in a POCSO case where the victim has not been examined and the offence is of a serious nature.
Laxman Mishra
The State of Jharkhand
SANJAY PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
