Partly allowed

Achhay Kumar Alias Achhay Ganjhu Alias Akchay Kumar Alias Akshay Ganjhu v. the State of Jharkhand

Jharkhand HC21 Jun 2021Cr.A(SJ)/72/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against an order granting bail to a minor appellant accused of sexual assault under IPC 376 and POCSO. The court quashed the lower court order despite the appellant's age and completeness of investigation remanding the matter back to the lower court for reconsideration.

What did the court decide?

The impugned order dated 04.02.2021 granting bail is set aside.

Achhay Kumar Alias Achhay Ganjhu Alias… — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 72 of 2021

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....

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Achhay Kumar @ Achhay Ganjhu @ Akchay Kumar @ Akshay Ganjhu

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.… Appellant Versus The State of Jharkhand .... Respondent .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Jitendra Shankar Singh, Adv. For the State : Ms. Shweta Singh, APP

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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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03/21.06.2021 The instant appeal has been filed against the order dated 04.02.2021 passed by the learned Additional Sessions Judge-I cum Special Judge, POCSO, Latehar in Mahila Latehar P.S. Case No.03 of 2019, corresponding to Children Court Case No.02 of 2020, registered for the offence under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act and the same is presently pending in the court of learned Additional Session Judge-I cum Special Judge, POCSO, Latehar.

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It is submitted by the learned counsel for the appellant that the appellant is in custody since 27.03.2019. It has been further submitted that investigation has already been completed and the appellant is ready to co-operate in the trial. It has been further submitted that charge sheet has already been submitted on 19.06.2020. The appellant is aged about 17 years at the time of commission of crime and allegation has been made against this appellant is that he has sexually exploited a girl aged about 16 years. It has been further submitted that father of the appellant is parwikar and he is ready and willing to keep his minor child under his custody with proper care. On above facts, prayer for bail has been made.

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

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Considering the age of the parties and the fact that the investigation has already been completed and the mandate of Section 03 of the Juvenile Justice (Care & Protection of Children) Act, 2015, the appellant, 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 Additional Session Judge-I cum Special Judge, POCSO, Latehar in connection with Mahila Latehar P.S. Case No.03 of 2019, corresponding to Children Court Case No.02 of 2020, subject to condition that one of the bailor must be the father of the appellant.

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Accordingly, instant appeal is allowed and the impugned order dated 04.02.2021 passed by the learned Additional Sessions Judge-I, cum Special Judge, POCSO Latehar in Mahila Latehar P.S. Case No.03 of 2019, corresponding to Children Court Case No.02 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Shahid/

Achhay Kumar Alias Achhay Ganjhu Alias Akchay Kumar Alias Akshay Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Achhay Kumar Alias Achhay Ganjhu Alias Akchay Kumar Alias Akshay Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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