Allowed

Rupesh Kumar v. the State of Jharkhand

Jharkhand HC12 Aug 2021Cr.Rev./123/2021

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What is this about?

In a bail revision, the High Court of Jharkhand allowed the petition and set aside the Sessions Judge's order refusing bail. The court granted bail to the juvenile petitioner via the Principal Magistrate, subject to a surety bond and monthly reporting by the Probation Officer.

What did the court decide?

Impugned order rejected by District & Additional Sessions Judge set aside; petitioner directed to be released on bail with a bond of Rs. 10,000 and two sureties, one of whom must be the father, subjec

Rupesh Kumar Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 123 of 2021

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Rupesh Kumar …. ….Petitioner -VersusThe State of Jharkhand …. ….Opp. Party

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CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR

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……. For the Petitioner : - Mr. S. P. Roy, Adv. For the State : - Mr. Subody Kr. Dubey, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities were good.

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05/12.08.2021

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The instant application has been filed against the order dated 20.01.2021 passed by the learned District & Additional Sessions Judge-I, Godda in Criminal Appeal No.39 of 2020 by which the prayer for bail of the petitioner has been rejected in connection with Godda (Muffasil) P.S. Case No.205 of 2020 (Enquiry No. 88 of 2020), for the offence under Sections 376(D)/34 of the Indian Penal Code and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Godda.

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It is submitted by learned counsel for the petitioner that the petitioner is in probation home since 13.10.2020. It has been further submitted that a child in conflict with law has approached this Court for release through his father, who is ready and willing to keep his minor child under his custody with proper care. It has been further submitted that investigation is complete. The allegation against this juvenile is that he has helped the accused by guarding the place of incident. On above facts, prayer for bail has been made.

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Learned A.P.P. for the State has opposed the prayer for bail.

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Considering the social investigation report and the nature of allegation, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, J.J. Board, Godda in connection with Godda (Muffasil) P.S. Case No.205 of 2020 (Enquiry No. 88 of 2020), subject to condition that one of the bailor must be the father of the petitioner.

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Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Godda regarding the up keeping of minor.

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Accordingly, instant criminal revision is allowed and the impugned order dated 20.01.2021 passed by the learned District & Additional Sessions Judge-I, Godda in Criminal Appeal No.39 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Kamlesh/

Rupesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rupesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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