Allowed

Sukesh Kumar Yadav Alias Sukesh Yadav v. the State of Jharkhand

Jharkhand HC8 Jul 2021Cr.Rev./697/2020

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision and set aside the bail rejection order. Granting bail to a juvenile petitioner below 16 years in a POCSO case where the mother agreed to custody, directing the Probation Officer to submit monthly reports.

What did the court decide?

Released on bail of Rs. 10,000 with two sureties, one being the mother; Probation Officer to report monthly.

Sukesh Kumar Yadav Alias Sukesh Yadav Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 697 of 2020

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Sukesh Kumar Yadav @ Sukesh Yadav …. ….Petitioner -VersusThe State of Jharkhand …. ….Opp. Party CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR ……. For the Petitioner : - Mrs. Rajni Singh, Adv. For the Opp. Party : - Mr. Shailendra Kr. Tiwari, 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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06/08.07.2021

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Heard learned counsel for the parties.

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The instant application has been filed against the order dated 30.06.2020 passed by Sri Rasikesh Kumar, learned Additional Sessions Judge-I, Latehar in Criminal Appeal No. 15 of 2020 by which the prayer for bail of the petitioner has been rejected in connection with Chandwa P.S. Case No. 127 of 2019 corresponding to Enquiry No. 44 of 2020 (Special POCSO Case No. 37/19) registered for the offence under Section 376(1)(i) of the Indian Penal Code and Sections 4/6/8 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, Juvenile Justice Board, Latehar.

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It is submitted by the learned counsel for the petitioner that the juvenile petitioner, who is below 16 years of age, has been made an accused under Section 376(1)(i) of the Indian Penal Code and Sections 4/6/8 of POCSO Act. He is in observation home since 18.09.2019. From perusal of the medical report, it appears that the age of the victim has been assessed between 16 to 17 years and no injury has been found. It has been further submitted by the learned counsel for the petitioner that parwikar is the mother of the petitioner and she is ready and willing to keep minor child under her custody with proper care. On the 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 material available on record and the age of the accused and the fact that the mother of the petitioner is ready and willing to keep minor child under her custody with proper care, 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 the court of Principal Magistrate, Juvenile Justice Board, Latehar in connection with Chandwa P.S. Case No. 127 of 2019 corresponding to Enquiry No. 44 of 2020 (Special POCSO Case No. 37/19) subject to condition that one of the bailor must be the mother of this petitioner.

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

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Accordingly, instant criminal revision is allowed and the impugned order dated 30.06.2020 passed by Sri Rasikesh Kumar, learned Additional Sessions Judge-I, Latehar in Criminal Appeal No. 15 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Kamlesh/

Sukesh Kumar Yadav Alias Sukesh Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sukesh Kumar Yadav Alias Sukesh Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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