Murtaza Ansari Alias Lalu v. the State of Jharkhand
Case brief
What is this about?
Special Judge Children Court dismissed the bail application of a 16-year-old juvenile appellant charged with offences under IPC 376 and POCSO. The court rejected bail citing the nature of allegations despite the juvenile’s counsel's reliance on the victim’s statement.
What did the court decide?
Prayer for bail of the appellant was rejected.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 101 of 2021
....
Murtaza Ansari @ Lalu @ Mohtaj Raja @ Lalu .… Appellant Versus The State of Jharkhand .... Respondent
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. Kamdeo Pandey, Adv. For the State : Ms. Nehala Sharmin, A.P.P.
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 are good.
06/16.08.2021 Heard learned counsel for the appellant and learned counsel for the State.
This criminal appeal has been filed against the order dated 17.02.2021 passed by the court of learned Special Judge Children Court, Giridih in Children Case No.01 of 2021 (M.C.A. No.240 of 2021) arising out of Nimiyaghat P.S. Case No. 119 of 2020, registered for the offence under Sections 354(D)/ 452/ 376 (3)/ 511 of the Indian Penal Code read with sections 8/12 of POCSO Act by which prayer for bail of the appellant has been rejected.
Juvenile in conflict with law has approached this Court for release on bail. It has been submitted by learned counsel for the appellant by referring the statement made under Section 164 of the Cr.P.C. by the victim that no sexual relationship has been made, and as such, the juvenile appellant may be enlarged on bail.
Issues for consideration
2 issues framed by the court
Whether a 16-year-old juvenile accused of rape under 376 IPC and POCSO Act can be granted bail given the nature of allegations and assessment under SC/ST (PoA) Act.
Whether the victim’s statement making no finding of sexual relationship entitles the juvenile to bail.
Parties & counsel
- appellant
Murtaza Ansari @ Lalu @ Mohtaj Raja @ Lalu
- respondent
The State of Jharkhand
Coram
Rajesh Kumar
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · August
- Registered
- Case no.
- Cr.A(SJ)/101/2021
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