Allowed

Gajendra Paswan v. the State of Jharkhand

Jharkhand HC9 Jul 2021Cr.A(SJ)/551/2020

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Jharkhand allowed the prayer for bail. The court set aside the impugned order of the Special Judge that rejected bail, directing the appellant's release on a bond with conditions including that one bailor be his uncle.

What did the court decide?

The instant criminal appeal is allowed, and the impugned order dated 08.09.2020 is set aside. The appellant is directed to be released on bail with a bond of Rs.10,000 and two sureties, one of whom mu

Gajendra Paswan Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No.551 of 2020

Gajendra Paswan

…… Appellant

Versus

1. The State of Jharkhand

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2. Sushila Devi ….. Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. S. K. Singh, Advocate For the State : Mr. A. K. Tiwari, A.P.P ---------

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

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---------

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04/Dated: 09th July, 2021

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1. The instant appeal has been filed against the order dated 08.09.2020, passed by the court of learned Exclusive Special Judge, POCSO Act -cum- Children's Court, Palamau, in S.T. No.366 of 2019, by which the prayer for bail of the appellant has been rejected in connection with G.R. Case No.709 of 2019, arising out of Hussainabad P.S. Case No.90 of 2019, registered for the offence under Sections 147, 148, 149, 341, 323, 326, 307, 504, 506, 120B and 302 of the Indian Penal Code.

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2. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 09.04.2019 and at the time of commission of crime, he was aged about seventeen years. It has been submitted that there was a group fight in which the allegation of assault is against one Manindra Paswan. Further, from perusal of the Social Investigation Report, it appears that the appellant is a good student and he was present at the spot because he has interest in sports. The Social Investigator has proposed for release of the appellant in favour of his mother. It has further been submitted that the uncle of the appellant namely, Ayodhaya Paswan @ Ayodhaya Prasad is ready and willing to maintain and take proper care of the appellant in his custody. On the above grounds, prayer for bail of the appellant has been made.

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3. On the other hand, learned A.P.P has opposed the prayer for bail.

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4. Considering the nature of allegation and the Social Investigation Report, the appellant is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO Act -cum- Children's Court, Palamau in connection with G.R. Case No.709 of 2019, arising out of Hussainabad P.S. Case No.90 of 2019, subject to the condition that one of the bailors must be the uncle of the appellant.

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5. Accordingly, the instant criminal appeal is allowed and the impugned order dated 08.09.2020, passed by the court of learned Exclusive Special Judge, POCSO Act -cum- Children's Court, Palamau, in S.T. No.366 of 2019 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Chandan/-

Gajendra Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gajendra Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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